HomeMy WebLinkAboutLitigation: Haase - 1996 Enclosure 3B
• 411
OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, OCTOBER 8, 1996
Call to Order: The meeting was called to order at 6 :30 p.m. by
Deputy Mayor Kern. Present : Councilmembers Robert, Schaaf, and
Swenson. Staff Present : Deputy Clerk/Finance Director Holst,
Public Works Director Benson, City Attorney Vierling, City
Engineer Anderlik, and City Planner Richards . Mayor O'Neal
arrived at 6 : 35 p.m.
Visitor Comments:
Darrel Haase was present to object to something that was reported
in an article printed in the Pioneer Press . Haase said the
article stated that there were contaminated wells on his father' s
property and, in fact, there are no contaminated wells .
Councilmember Schaaf stated that environmental tests have found
no evidence of contamination in any of the wells located on the
Haase property.
Jack Doerr, Chair, Central Cable Commission - Doerr reported that
King Video Cable has eliminated bulk rate pricing for senior
citizens in the high rises . Senior citizens will now be paying
the regular subscriber price ($30 . 00 versus $9 . 00) . Mr. Doerr
stated that as a result of the Cable Act of 1972, which stripped
commissions of power to regulate rates, there is nothing the
commission can do to prevent the price increase. Council
expressed concern, noting that cable television provides a great
service to senior citizens, and many can not afford the price
increase. Mr. Doerr encouraged residents to attend a Public
Hearing scheduled Wednesday, October 16, 1996 at 7 : 00 p.m. at
Bayport City Hall to voice their opinion.
Councilmember Robert, seconded by Schaaf, moved to direct
Administrator Robertson write a letter to the Cable company
stating disappointment with the raise in rates for senior
citizens . Carried 5-0 .
Department Reports:
Police Department - Council reviewed a request from Officer Joe
Croft that the City reimburse 80% of his educational expenses .
Because there is no written policy, Chief Swanson requested input
from the City Council .
Councilmember Swenson, seconded by Kern, moved to approve
authorizing up to 80% of Joe Croft ' s educational expenses .
Carried 5-0 .
Council directed Administrator Robertson draft a policy regarding
educational reimbursement to review at the next City Council
meeting Tuesday, October 22, 1996 .
• C 0 Y
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1833 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAULA.WOLFF Direct Dial (612) 351-2118 SUSAN D.OLSON
MARK J.VIERLING DAVID K.SNYDER
April 19, 1996
VIA FACSIMILE TRANSMISSION
LINDY SWANSON
CHIEF OF POLICE
CITY OF OAK PARK HEIGHTS
• 14168 57TH STREET NORTH
OAK PARK HEIGHTS MN 55082
RE: City of Oak Park Heights vs. John Howard Haase, et al
Court File No. C6-95-2691
Dear Chief Swanson:
Enclosed herewith please find a copy of the Findings of Fact
and Order for Permanent Injunction which has now been entered by
the Court on April 17, 1996 . Please have one or your Officers go
to the place of business at 13795 60th Street North, Oak Park
Heights and have your Officer serve Mr. Stewart or someone there
who is able to accept service and then instruct them that they must
remove and bring behind the fence all parked vehicles that are
currently located outside the fenced area.
Upon completion of service please have your Officer sign the
attached. Affidavit of Service before a Notary Public and return
same back to me.
Thank you for your cooperation in this matter.
Yours very truly,
;pyx iaa q24.4411-41t(;ktP
Mark J. Vierling
MJV/smp
Enclosures
cc: Mr. Michael J. Robertson
612 439 2923
04/16/96 09:25 ECK, LAW FIRM 4 OPH411 M0.041 P001
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
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LYLE J. ECKBERG GREGORY G.CALLER
JAMES F. LAMMER5 KEVIN K.5MOESERG
ROBERT G. BRIGGS TmOMAS J.WEIDNER
PAUL A.WOLFF SUSAN 0.OLSON
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DATE:
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HARD COPY WILL (NOT) FOLLOW BY MAIL
04/16/96 09:25 ECKBERG LAW FIRM 4 OPH H0.041 P002
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5
1 THE WITNESS: My name is Michael John Robertson
2 R-o-b-e--r-t-s-o-n
3 £ItECT EXAMINATION
4 VY MR. VIERLING:
5 Q Mr. Robertson, you are the City Administrator for th=
6 City of Oak Park Heights?
7 A Yes, I am.
8 Q And you have been in that capacity since the first o ,
4 1995?
10 A That's correct.
11 Q And at my request have you had the opportunity t•
12 review the City records as it relates to propert .
13 owned by Mr. John Howard Haase as now located in th,
14 City of Oak Park Heights?
15 A Yes, I have.
16 Q At my request you have prepared a compilation an•
17 certified the authenticity of various records in tha
18 regard, is that correct?
19 A Yes, I have.
20 Q I'm showing you what has been marked as exhibit Numbe.
21 1, do you know what that is, sir?
22 A It's a listing of a series of Minutes of meetings
23 planning reports, notices, and communications, al
24 involving this issue.
25 Q Mr. Haase's property?
04/16/96 09:25 ECKBERG LAW FIRM 4 OPH H0.041 P003
lo *
6
I A Yes.
2 Q And the cover pages summarizes the documents and bear-
3
eam3 your official seal as to authenticity?
4 A That's correct.
5 MR. VIERLING: We would offer Exhibit 1, eve
6 though I understand it's self-proving under the Rule-
7 of Evidence.
8 lit. ANDERSON: No objection.
9 THE COURT: Received.
10 Q Mr. Robertson, to your knowledge, has Mr. Haas:-
11
aas=11 obtained from the City of Oak Park Heights any type o'
12 permit that would allow him to be authorized t.
13 operate a retail sales used car type business on thaw
i4 property?
15 A To my knowledge, he has not.
16 Q Mr. Robertson, I'm showing you what's been marked a=
27 Exhibit Number 2, and is that, in fact, a true an.
18 correct copy of an extract of the Ordinances an.
19 Zoning of the City of Oak Park Heights relating t•
20 conditional uses in a 8--2 zone, or Business-2 zone?
21 A Yes, it is.
22 Q And is that a true and correct copy of that?
23 A Yes, it is.
24 MR. VIERLING: We would offer Exhibit
2.
25 MR. ANDERSON: No objection.
04/16/96 09:25 ECKBERG LAW FIRM 4 OPH NO.041 P004
• S
7
1 THE COURT: Received.
2 Q Mr. Haase's property as it is presently located within
3 the City is in the 6-2 zoning classification, is it
4 not?
5 A Yes, it is.
6 Q And under the provisions of that Code, is it correct
7 that open and outdoor sales of retail sales are
8 listed conditional use in that zone?
9 A Yes, that's true.
10 Q Has your review of the records of the City of Oak Park
11 Heights determined that Mr. Haase has ever applied for
12 a conditional use permit so as to be allowed to
13 operate a retail sales of automobiles?
14 A 1 have found no such application.
15 Q There is an individual also listed as an additional
16 party defendant in this proceeding, a Mr. Daniel P.
17 Stewart. After these proceedings were initiated did
18 Mr. Stewart, who is a lessee and occupant of the
19 property, apply to the City for a conditional use
20 permit so as to be allowed to sell automobiles on the
21 property?
22 A Mr. Stewart discussed the situation with me and said
23 that he intended to apply. I haven't received an
24 application.
25 Q How long ago was it that you discussed that, sir?
04/16/96 09:25 ECKBERG LAW FIRM 4 OPH NO.041 P005
411
8
1 A Approximately five months.
2 Q Was Mr. Steward provided with all the application
3 forms and things of that nature?
4 A Yes, he was.
5 MR. VIERLING: No further questions.
6 TOE COURT: Mr. Anderson?
7 CROSS-EXAMINATId
8 BY . AN ,$SON:
9 Q Mr. Robertson, are you aware of any situation under
10 which the current use for the auto sales lot would
11 not require the conditional use permit?
12 A I am not aware of any such.
13 Q Are you familiar with Ordinance 401.03, sub. 14
14 relating to existing uses when property is newly
15 annexed to the City?
16 A Somewhat.
17 Q Does that Section of the Ordinance apply to Mr.
18 Haase's use?
19 A Not to outdoor sales.
20 Q What is the factual basis for that statement, Mr.
21 Robertson?
22 a I'm sorry, I don't understand the question.
23 Q The Ordinance in question states that existing use
24 which existed within the territory as of the effective
25 date of the annexation which were allowed under
04/16/96 09 ECKBERG LAW FIRM 4 OPH N0.041 P006
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1 ordinance of the previous jurisdiction but which ar=
2 not lawful conforming uses under the Zoning Ordinanc:
3 of the City of Oak Park Heights shall be allowed t.
4 continue for 12 months. And later it states that th.,
5 owner may apply for an extension of time.
6 What portion of that doesn't apply back to Mr
7 Haase's situation?
8 A I have no record of any application for extension o,
9 time
10 THE COURT: Sir, at this point you made th
11 statement that it doesn't apply to outdoor sales,
12 wonder if you could clarify that?
13 THE WITNESS: It's my understanding tha.
14 there was no permit for outdoor sales, Your Honor. 1'
15 THE COURT: Just a minute. I'm not askin.
16 about permits issued by your municipality. But
17 there was an existing business at the time of th:
18 annexation under 401.03, sub. 14, that was read by Mr
19 Anderson here, wouldn't this business be grandfathere.
20 in for at least a period of 12 months?
21 THE WITNESS: Oh, yes.
22 MR. VIERLING: But that assumes facts not i
23 evidence.
24
THE COURT: I know. But then the statemen.
25 was made that I took down, that that ordinance doe-
E
04/16/96 09:26 ECKBERG LAW FIRM 4 OPH HO 041 P007
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not apply to outdoor sales. And I would like to kno
2 where it says it doesn't apply to outdoor sales.
3 THE WITNESS: What I meant, sir, is I'm no.
4 aware of any permits that Baytown
--
5 THE COURT: That wasn't what I asked. Yo
6 stated that the Ordinance didn't apply to outdoo.
7 sales. Is there a provision there or should
S disregard what you said?
9 THE WITNESS: I'm sorry. I guess I'm no.
10 following what you are asking me.
11 THE COURT: Read back what Mr. Anderson aske.
12 him and what he responded.
13 (Previous question and answer read back)
14 THE COURT: You're asking him my question
15 Mr. Anderson asked him a question earlier.
16 MR. VIERLING: I believe that was th,
17 question he asked. If I could state for the recor•
18 what the question was. It was, did it apply to Mr
19 Haase's use of outdoor sales. The answer was, No
20 And I believe what he tried to explain is that i.
21 wouldn't apply because Mr. Haase had no pre-existin•
22 permit from Baytown.
23 THE COURT: There was no qualification about
24 outdoor sales. I don't care, I'm not trying to han.
y.i
04/16/96 09:26 ECKBERG LAW FIRM 4 OPH N0.041 P008
11
1 him, but if that's not a fact, let's just throw it
2 out.
3 MR. VIERLING: I think that the question he
4 asked him was, did it apply to Mr. Haase's use of
5 outdoor sales as opposed to, would it apply to outdoor
6 sales generally? i would agree with the Court that a
7 lawful existing, pre-existing use, when the property
8 came in to Oak Park would be---
9 THE COURT: I'm not interested whether you or,
10 Mr. Anderson agree with me. What I want to know is, is
11 there some provision in the law that says outdoor
12 sales are excluded from the grandfather section? If
13 there isn't then I won't worry about it.
14 MR. VIERLING: There is no provision.
15 THE COURT: Then let's proceed on that point.
16 Thank you.
17 Q How is it, Mr. Robertson that Mr. Haase's use of the
18 property does not comply with that Section of the
19 Statute?
20 A It does not comply because that Section requires that
21 there be a conditional use permit to allow outdoor
22 sales and storage.
23 Q Sub Section 14 requires a conditional use permit?
24 A To quote Albert Einstein, I don't have it in my head.
25 Those things I can look up. So I don't know what
1 '
04/16/96 09:26 ECKBERG LAW FIRM 4 OPH Pl0.041 P009
12
1 particular section of the Code requires that, off the
2 top of my head.
3 Q Is your statement that it requires a conditional use
4 permit stemming out of the language in the Ordinance
5 which says, not withstanding the above, the owner or
6 interested party of the land may petition the City
7 Council of the City of Oak Park Heights to extend the
s time to allow the nonconforming use to continue?
9 A If I understand your question correctly, my statement
10 that he would need a conditional use permit is based
11 on the Zoning Ordinance. The issue of whether he had
12 a permit to extend his use beyond 12 month, I guess I
13 would regard that as a separate issue.
14 Q Do you interpret Section or Sub Section 14, which 1
15 just read, to require a conditional use permit or to
16 require some other, merely an application to continue
17 an existing use?
18 A Mr. Haase would have to have made application to
19 continue the existing use. And that application would
20 have had to been approved by the City Council. Were
21 Mr. Haase a new business doing the same thing, he
22 would have to apply for a conditional use permit. And
23 that application would have to be approved by the City
24 Council.
1
1
i
1
04/16/96 09:26 ECKBERG LAW FIRM 4 OPH NO.041 P010
13
I Q Are you familiar with a planning report prepared by
2 Northwest Associated Consultants dated November 9th,
3 1989, in which the Executive Summary Background
4 states, Mr. John Haase has submitted a Petition
5 requesting the continuance of the auto dismantling
6 center and used car sales lot located within the
7 recent annexation are of West Oakgren Avenue?
8 A I'm familiar with that report.
9 Q Would you agree that that evidences Mr. Haase's
10 Petition to continue his use?
11 A I would agree that there was at one point a Petition
12 submitted.
13 THE COURT: Did you say earlier that none had
14 been submitted?
15 THE WITNESS: No, I said I found no permit!
16 that was granted.
17 MR. VIERLING: And no application for
18 conditional use permit.
19 THE COURT: He said there was no application.
20 MR. VIERLING: For conditional use.
21 THE COURT: But here is says there was a
22 request by Mr. Haase to extend the used car business
23 at the time on the recently annexed property.
24 MR. VIERLING: Apparently in 1989 at one time
23
in conjunction with, and that's the exhibit that we
1
1
p
04/16/96 09:26 ECKBERG LAW FIRM 4 OPH NO.041 P011
14
1 submitted, in conjunction with the auto dismantling
2 center he did request permission to operate or
3 continue.
4 THE COURT: What response did he get on that?
5 MR. VIERLING: The only permit the City would
6 issue was the continuation of the automobile
7 dismantling center.
8 THE COURT: There was a denial of the use4
9 car permit?
10 MR. VIERLING: That's correct.
11 THE COURT: There a denial in the records? 1
12 MR. VIERLING: Not a formal denial. But the
13 City isssUed a grant only to continue with the junk
14 yard operation.
15 THE COURT: Does it say only junk yard?
16 MR. ANDERSON: Your Honor, I would refer the
17 Court to a City of Oak Park Heights letter of August
18 27. It's attached as Exhibit C to Mr. Haase'
19 affidavit.
20 THE COURT: Here's another problem. I can't
21 look at this. You gave me this stuff today, I can't
22
accept it. There is no filing fee that has been paid.
23 MR. ANDERSON: I have a receipt for the
24 filing fee, Your Honor.
25 THE COURT: It's attached as an exhibit?
i x s'q ■
04/16/96 09:26 ECKBERG LAW FIRM 4 OPH i H0.041 P012
Is
•
1 MR. ANDERSON: It's the affidavit of Johr.
2 Haase, the very last page.
3 MR. VIERLING: Well, his affidavit is his I
4 opinion.
5 THE COURT: The last page is a letter from
6 Oak Park Heights. Please be advised the approval of
7 nonconforming use, contingent on the 11 conditions
8 outlined by the City Planner being met and annual
9 inspection and review, commencing this date, was
10 approved.
11 MR. VIERLING: The report reflects the
12 recommendations to the City Council that the
13 continuance of the auto dismantling center be allowed
14 with conditional provisions one through 10 being
15 adopted and implemented by the applicant. The Council
16 did not grant or issue a permit for--
17 THE COURT: But did they deny it? That's the
18 problem I'm having here.
19 MR. VIERLING: You will not see in the
20 record, Your Honor, a formal denial of that. They
21 denied implicitly in that they would not grant a
22 continuation of that beyond the automobile dismantling
23 center
24 THE COURT: Proceed.
04/16/96 09:27 ECKBERG LAW FIRM 4 OPH NO.041 P013
16
1 MR. ANDERSON: Your Honor, if I may have a
2 minute to look at the Planning Report from July 5th?
3 1 have nothing further of this witness.
4 THE COURT: Mr. Vierling, redirect?
5 REDIREgy ,EXAMINATION
6 BY MR. VIERLING:
7 Q Within your records of the City, there are records
8 from Baytown Township with regards to the permits that
4 Mr. Haase did have in his operation previous?
10 A That's correct. •
11 Q And within Exhibit 1 is this the only permit that yet.
12 were able to find with regard to Baytown Township and
13 an issuance of a permit to Mr. Haase?
14 A That's correct.
15 Q And that is to run the automobile dismantling center?
16 A The description of request is operation of auto
17 dismantling center within existing fenced area.
18 Q And as a condition imposed by Baytown Township, what
19 was the condition?
20 A Compliance with Baytown Township Ordinances Number 16
21 and 17 and appropriate State and County regulations.
22 Q When was that issued, sir?
23 A The date on the permit is July 2nd, 1979.
24 Q And also attached is the copies of the Baytowr.
25 Ordinances that were issued in conjunction with that?
612 439 2923
04/16/96 10:06 ECK LAW FIRM -> OPH410 NO.043 P001
„r 17
A That's correct.
2 Q Those are the same conditions that were adopted by the
3 City of Oak Park Heights when it allowed Mr. Haase to
4 continue this automobile dismantling center?
S A That's correct.
6 Q Within your review of records have you ever been able
7 to determine that Baytown Township at any time gave
8 Mr. Haase the approval to operate a used car lot on
9 that property?
10 A I've seen no such approval.
11 THE COURT: No, that's not a direct answer.
12 Read the question back.
13 (Last question read back. )
14 THE coURT: Were you ever able to determines
is The answer?
16 THE WITNESS: I'm sorry, Your Honor. I have
17 not been able to determine by any means.
18 THE COURT: Thank you.
19 Q Through our office we requested of Baytown Township a
20 complete copy of the files and records of Mr. Haase?
21 A Yes.
22 Q And that which was produced by Baytown Township is
23 incorporated within your exhibit?
24 A Yes, it is.
04/16/96 10:06 ECKBERG LAW FIRM 4 OPH NO.043 P002
18
1 MR. VIERLING: Thank you. No further
2 questions.
3 THE COURT: Mr. Anderson?
4 MR. ANDERSON: Nothing, Your Honor.
5 THE COURT: Thank you. You may step down.
6 MR. VIERLING: We rest.
7 THE COURT: Mr. Anderson?
8 MR. ANDERSON: Your Honor, I would call John
9 Howard Haase.
10 THE COURT: Step up and be sworn, please?
11 JOHN HC WARD HAASE,
12 After having been first duly sworn,
13 was examined and testified as follows:
14 THE CLERK: Please be seated in the witness
15 stand. Please state your full name and spell your
16 last name for the record?
17 THE WITNESS: John Howard Haase, H-a-a-s-e.
IS THE COURT: Proceed.
19 DIRECT _;X1' IATION
20 EY MR. ANDERSON
21 Q Mr. Haase, you or a corporation that you own, JCJ Lane.
22 Corporation, own the property in question, is that
23 correct?
24 A Yes, Ido.
25 Q How long have you owned this property?
3
4 S
STATE OF MINNESOTA IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No. C6-95-2691
City of Oak Park Heights, a Case Type : 10/Other Civil
municipal corporation,
Plaintiff,
PLAINTIFF'S
vs . MEMORANDUM OF LAW
John Howard Haase, JCJ Land
Corporation, a municipal
corporation and Daniel P.
Stewart,
Defendant.
TO: THE HONORABLE DISTRICT COURT
I.
PROCEDURAL HISTORY
This action was commenced by the Plaintiff, City of Oak Park
Heights against John Howard Haase as a Defendant, the owner of real
property located within the City of Oak Park Heights. The original
action as commenced by the City of Oak Park Heights with its
complaint dated June 5, 1995, alleged Mr. Haase was operating a
used car operation along his property which exists along the
Frontage Road of Highway 36 near 60th Street without obtaining a
Conditional Use Permit as required by the Ordinances of the City of
Oak Park Heights .
Plaintiff also served and filed a Motion requesting a
Temporary Restraining Order which was heard before the Court on
July 7, 1995 at 3 :00 o' clock p.m. At that time, Mr. Haase appeared
without counsel and without filing any responsive pleadings or
+►
411
documents or paying a filing fee. Additionally, Mr. Daniel Stewart
appeared claiming an interest in the property as an unrecorded
lessee on the property, appearing with Attorney, Carl Blondin. The
Court was advised by Mr. Stewart and Mr. Blondin that they intended
to intervene in the matter and requested a continuance as did Mr.
Haase. The Court granted the continuance to Mr. Stewart suggesting
that he apply for a Conditional Use Permit with the City of Oak
Park Heights to operate a used car facility at that location, if
that was his intent, which he indicated it was . The Court then
rescheduled the matter to July 24, 1995 at 9 :00 o' clock a.m.
The City then, following the July 7, 1995 hearing, amended its
Complaint, and served an Amended Complaint on both Defendants,
Haase and Stewart .
At the time of the July 24, 1995 hearing, both Defendants,
Haase and Stewart appeared before the Court, again, without filing
any pleadings or paying a filing fee. The Court continued the
matter setting an evidentiary hearing for September 1, 1995 .
On September 1, 1995 both defendants, Haase and Stewart
appeared, however, Stewart was unrepresented by counsel. Counsel
for Mr. Stewart had previously contacted counsel for the Plaintiff
and advised that Mr. Stewart would not be making any presentation
in the matter as they were convinced that Mr. Haase did not have
any pre-existing permit to run a used car sales on the premises nor
did he have any permit valid under the City of Oak Park Heights
with which to operate same either. To this date, Mr. Stewart
and/or his attorney, Mr. Blondin, have not filed any responsive
pleadings nor paid any filing fee in this matter.
410 410
Prior to the September 1, 1995 hearing, the City had received
information that John Haase had during the pendency of these
proceedings, incorporated under the name of JCJ Land Corporation to
which he transferred his title to the subject property. The City
again, took the opportunity to amend its Complaint as no responsive
pleading had yet been filed by Mr. Haase or his attorney in this
matter, to include the corporate entity as an additional party
defendant .
The Evidentiary Hearing was conducted before the Honorable
Kenneth J. Maas, Jr. on September 1, 1995 at which time the Court
heard evidence from the Plaintiff through the City Administrator of
the City of Oak Park Heights, Mr. Michael Robertson and from
Defendant, John Howard Haase. The Court also received evidence in
the form of Exhibit 1, being a compilation of City records,
effecting .Mr. Haase and his operation within the City of Oak Park
Heights and Exhibit 2, being a copy of the provisions of the B-2
Zoning District of the City of Oak Park Heights, setting forth that
a used car sales under the banner of open or outdoor service sale
or rental, as an accessory use, could be conducted as a Conditional
Use. (Mr. Haase has always maintained that his outdoor auto sales
would be accessory to his auto reclamation business which is his
primary form of business located upon the property. ) Upon
conclusion of trial, the Court requested the parties to submit
Memoranda by September 13 , 1995 . The Plaintiff, City of Oak Park
Heights was also granted permission to submit additional testimony
by way of Affidavit inasmuch as Defendant had served its responsive
3
411
4
pleadings and Affidavits upon the Plaintiff on August 31, 1995 .
I.
SUBSTANTIVE HISTORY
Defendant, John Howard Haase, now JCJ Land Corporation' s
property was previously located in Baytown Township. That section
of Baytown Township was annexed to the City of Oak Park Heights at
the time of construction of the new Stillwater Senior High School,
which resulted in the annexation of a large section of Baytown
Township into the City of Oak Park Heights . There was no competent
testimony provided to the Court as to the commencement date of any
business activity upon the Haase property. The earliest recorded
transaction, from which reliable evidence is ascertainable, comes
from the July 2, 1979 planning administrative form from Baytown
Township indicating that Elmer Haase had received a Special Use
Permit to operate an auto dismantling center within the existing
fenced area conditioned upon compliance with Baytown Ordinances 16
and 17. (See Trial Exhibit No. 1) There are no records or
documentary evidence of business operations existing on the parcel
prior to that time. Defendant' s testimony was that his family
began the business utilization of the property as a junk yard and
used car sales facility in the mid-60s.
Defendant does not dispute that he has no Conditional Use
Permit from the City of Oak Park Heights, otherwise required under
the B-2 District, nor has he ever filed for a Conditional Use
Permit in the City of Oak Park Heights.
Defendant alleges, however, that he qualifies as a pre-
4
4
. t
existing non-conforming use under the provisions of Section 401 . 03A
14 of the Ordinances of the City of Oak Park Heights dealing with
newly annexed territories. (See Exhibit A-1) In order to qualify
under the provisions of that Ordinance, an individual must
demonstrate three things, they are as follows :
First, that the individual had an existing use which existed
within the territory as of the effective date of annexation;
Second, that the use which existed as of the date of
annexation was allowed under the Ordinances of the previous
jurisdiction but are not allowed as lawful conforming uses
under the zoning ordinances of the City of Oak Park Heights;
Third, the affected individual must petition the City of Oak
Park Heights and obtain permission to extend the time to allow
the non-conforming use to continue upon the property for an
additional period of fixed time, demonstrating justification
and good cause for the extension.
Finally, the section of the Ordinance provides as follows:
"In no event shall such use continue as a non-
conforming use when the annexed territory has
been rezoned from the open space conservation
district to which it was assigned upon
annexation to the City of Oak Park Heights
pursuant to Section 401.04C. "
The uncontested testimony from the City of Oak Park Heights,
both within its pleading as well as within the testimony of its
City Administrator, is that this land has been re-zoned from the
original 0-Open space zoning classification that all land enters
the City when annexed to a B-2 Business District, which requires a
Conditional Use Permit for the Defendant to maintain the business
operation. For reference purposes, a copy of Section 401 . 04C is
all annexed hereto as Exhibit A-2 .
Defendant, John Howard Haase does not deny that as his
property existed within Baytown Township, he had no permit or
5
411
authorization to commence or operate a used car sales operation on
the facility. The permit that he had from Baytown Township
specifically dealt only with the automobile reclamation or junk
yard aspects of the business and clearly required under the
Ordinance of Baytown Township that all such operations had to be
confined behind the fenced area. Defendant Haase, however, asserts
that in 1989 he submitted a Petition requesting from the City of
Oak Park Heights a continuation of the auto dismantling center and
also petitioned for a continuation of the used car sales lot,
seeking permission under Ordinance 401 . 03A 14 the newly annexed
territories section of the zoning code. The Planner' s Report from
the City of Oak Park Heights dated November 9, 1989 specifically
dealt only with the auto dismantling center referring to the
applicants request for a used car lot as
"covered under the City' s grandfather
provisions provided the applicant can provide
evidence of its legal existence at the time of
annexation. "
The minutes of the meeting of the City of Oak Park Heights of July
23 , 1990, refer specifically to the Planner' s Report of July 5,
1990 . The Planner' s Report of July 5, 1990 specifically spoke to
his request of the used car lot and stated as follows:
"The continuance of the used car lot would
only be allowed if the applicant could prove
its physical existence at the time of
annexation. The receipts submitted by Mr.
Haase last November, do not constitute
sufficient evidence to prove the car lots
existence. "
The report went on to deal with the continuation request as it
affected the dismantling center and recommended continuation of the
6
411 410
` d
dismantling center only to be subject to the 11 conditions outlined
within that report . The minutes of the City Council Meeting of
July 23, 1990 refer to the non-conforming use contingent on the 11
conditions outlined within the Planner' s Report of July 5, 1990
(See Exhibit A-3 , July 5, 1990 Report of the Planner) .
On July 13 , 1990, the Oak Park Heights Building Official made
a visit to the Haase auto dismantling center following up on the 11
items of compliance listed within the July 5, 1990 Report of the
Planner and meeting with Mr. Haase at that time. (A copy of the
Building Officials Report of July 18, 1990 is annexed hereto as
Exhibit A-4) The Building Official wrote
"At the time of my inspection, I found the
center to be, for the most part, within
reasonable compliance of the 11 conditions.
There was, however, one exception which is as
follows : . . . with the exception of item #2, I
found the center to be reasonably well
maintained. At the time of my inspection, I
observed only 1 vehicle outside of the fenced
area. Mr. Haase, (John) informed me that the
vehicle was to be taken away. "
The Building Official' s visit to the site was in advance of the
July 23 , 1990 meeting of the City Council for the City of Oak Park
Heights and followed the release to Mr. Haase of the Planner' s
Report of July 5, 1990 . Mr. Haase was attempting to bring the
property in compliance with the Planner' s Report so as to obtain
the necessary approvals from the City of Oak Park Heights.
Further, the Report of the Chief of Police of the City of Oak
Park Heights, reflects that Mr. Haase made efforts to keep the
property clear of automobiles periodically over the years whenever
the City Police Department reminded him of the obligation to keep
7
411 110
the property free from automobiles, however, as has been his
history and that of his tenants, automobiles have thereafter
periodically revisited the site until such time as the police
pursued enforcement again.
III.
ARGUMENT
A. The Used Car Sales activity as conducted on the
Defendant' s property was never permitted under the
ordinances of Baytown Township and does not qualify as a
lawful non-conforming pre-existing use under the
provisions of Section 401 .03 of the Code of Ordinances of
the City of Oak Park Heights.
The only permit that Defendant ever had from Baytown Township
was to operate and conduct his auto dismantling center. That
business permit (see Trial Exhibit No. 1) strictly confines
business activities to behind the fenced areas of the lot.
Defendant' s current activities in attempting to locate a used car
sales operation outside of the fenced area and in front of highway
36 was clearly never permitted by Baytown Township. Defendant
admitted, at the time of hearing that he had no permits from
Baytown Township to operate a used car sales business and that the
only permit he had ever applied for with Baytown Township was the
auto dismantling center. Defendant produced no proof of the
existence of any Ordinance of Baytown Township that would provide
him authority as a lawful pre-existing non-conforming use.
Defendant' s defense in this particular matter has been directed to
establishing himself as a lawful non-conforming pre-existing use
which is in the nature of an affirmative defense asserted under
Rules 8 and 12 of the Rules of Civil Procedure for which the
8
IIM II!
` s
Defendant has the burden of proof . Notwithstanding that, Defendant
further testified that the business utilization that he made upon
the property in terms of selling automobiles was an on again, off
again business that was seasonal in nature that he discontinued any
sales activity during the winter months . Defendant could not
identify any months or years in which he conducted his sales
activities nor the volume of those sales, nor could he produce any
records with regard to the sales activity whatever. Even if the
Defendant had been engaged in a used car sales operation that was
a lawful non-conforming pre-existing use. Section 403 . 03A 8 of the
Code of Ordinances of the City of Oak Park Heights would provide:
"Whenever a lawful non-conforming use of a
structure or land is discontinued for a period
of 6 months, following written notice from an
authorized agent of the City, any future use
of said structure or land shall be made to
conform with the provisions of this
Ordinance. "
Defendant' s own testimony that he discontinued any activities
on sales of automobiles during the winter months, which typically
are between 5 and 6 months in length, stretching all the way from
October through April in some years, as would clearly discontinue
the operation under the effective Ordinance.
B. Current Ordinances of the City of Oak Park Heights,
lawfully require Defendant to apply for an obtain a
Conditional Use Permit before he can maintain a used car
sales activity upon his property.
Defendant does not dispute that the current zoning
classification of the property is B-2 . Under the City' s Code of
Ordinances in Section 401. 04C, provides
"Annexed Territory. Newly annexed territory
9
411
shall be initially zoned under the "0"
District . The 0 District is open space
conservation district within the City of Oak
Park Heights which is the lowest
classification zoning district available . "
All newly annexed area automatically comes into the City under
the open space zoning classification. The uncontested testimony
from the City of Oak Park Heights is that the property was re-
classified from 0 to B-2, General Business District.
Clearly, the B-2 zoning district permits accessory use used
car open lot sales as a conditional use which requires that the
Defendant apply for and obtain a Conditional Use Permit from the
City before he operate on the premises, a used car sales business.
Defendant, predicated his entire defense on the provisions of
Section 401.03A 14 of the Oak Park Heights Zoning Code, which deals
with newly annexed territories and provides as follows:
"Newly Annexed Territories - Continuation of
Previously Permitted Uses . Where new
territory has been annexed to the City of Oak
Park Heights pursuant to the provisions of
Minn. Stat . §414 . 01 et seq. , all existing uses
which exist within the territory as of the
effective date of the annexation in which were
allowed under the ordinances of the previous
jurisdiction but which are not lawful
conforming uses under the zoning ordinance of
the City of Oak Park Heights, shall be allowed
to be continued for a period of 12 months from
the effective date of the annexation.
Notwithstanding the above, the owner or
interested party of the land may petition the
City Council for the City of Oak Park Heights
to extend the time to allow the non-conforming
use to continue upon the property located
within the newly annexed territory for an
additional period of time, where the applicant
can demonstrate justification and good cause
for such extension. Notwithstanding the
above, no extension shall be granted where the
use being implemented on the subject property
10
.
411 411
as having an inverse impact on adjoining
lands, over burdens public transportation and
utility facilities, tends to materially
depreciate the surrounding area and is not
compatible with existing and future
surrounding land uses . In no event shall such
use continue as a non-conforming use when the
annexed territory has been rezoned from the
open space conservation district to which it
was assigned upon annexation to the City of
Oak Park Heights pursuant to Section 401.04C. "
Clearly, Section 401 . 03A 14 by its own terms has no
application to Defendant' s circumstances. That provision of the
Ordinance only allows a temporary continuation of previously
lawfully existing non-conforming uses as long as the property
remains in the 0 - open space conservation district under the Oak
Park Heights Zoning Code.
The uncontested testimony in this particular instance is that
the Defendant' s property has long since been rezoned from the 0 -
open space conservationdistrict to the B-2 - general business
district . That general business district will allow him to
continue his business, but does require him to apply and receive a
Conditional Use Permit. The application that the Defendant made in
1989, under 401. 03A 14 is no longer legally relevant regardless as
to how the City handled the application.
The Planning Reports of July 5, 1990 and the action of the
City Council on July 23, 1990 approving that report, clearly
demonstrate that Mr. Haase had not demonstrated the prerequisites
of that Ordinance at that time as it affected his used car sales
activity and the Council did not grant him any continuation of that
use as it was not a lawfully existing non-conforming utilization of
11
s 411
the property. Even if the Council had granted him that permit, it
is irrelevant inasmuch as the property has long since been rezoned
to the B-2 district which requires him to seek, apply for and
obtain a Conditional Use Permit in order to operate a used car
sales lot on the premises.
Factually, not only is the July 5, 1990 report clear and
convincingevidence as to how the Citydealt with Mr. Haase' s
Haase s
application in the latter part of 1989 affecting this use, but the
report of the Building Official of July 13 , 1990 clearly
acknowledges that Mr. Haase ase w as well aware that outside storage and
sales of automobiles would be prohibited as the Building Inspector
noted "I observed only one vehicle outside the fenced area. Mr.
Haase (John) informed me that the vehicle was to be taken away. "
The records of the Planning Consultant reflect that Mr. Haase
had subdivision and other requests pending before the City Council.
He clearly wanted to be in compliance with the provisions of the
Planner' s Report so that when he appeared before the Council on
July 23 , 1990, he would receive the permission to maintain his auto
dismantling center along the same conditions as the Planner' s
Report had previously imposed. He openly acknowledged to the
Building Official of the City of Oak Park Heights, that as it
affected the singular car that he had outside of the fenced area,
it was to be removed promptly so that he would be in compliance
with the Planner' s Report, thereby acknowledging that he would have
no authority to engage in used car sales outside of the fenced
area.
12
411 II/
. s ,
Finally, the Affidavit of the Chief of Police of the City of
Oak Park Heights reflects that the City has over the past years
since 1990 has made repeated efforts to chase vehicles out of Mr.
Haase' s property whenever he has placed them there and he has, for
the most part, complied only to allow time to lapse and to sneak
cars yet back out into the non-fenced area from time-to-time until
pursued by City Police or zoning officials . Clearly then, Mr.
Haase, as the Affidavit of the Chief of Police would indicate, did
remove the cars from the front of the property and again bring them
behind the fenced area, thereby tacitly acknowledging the authority
of the City to regulate. If Mr. Haase really believed that he had
the permission of the City of Oak Park Heights to run a used car
facility off the frontage road on the front of his property, he
would have never removed the vehicles during the police visits or
thereafter nor would he have ever assured the Building Inspector.in
July of 1990 that the one vehicle that he had outside the fence
would be removed.
Iv.
CONCLUSION
A Temporary Restraining Order sought by the City of Oak Park
Heights in its original Motion which was heard before the Court on
July 7, 1995, should be granted. The Defendant maintains a use,
which is conforming under the ordinance and would be permitted by
way of Conditional Use Permit. The Defendant' s defense asserting
a non-conforming pre-existing use of the property fails in its
burden of proof inasmuch as he failed to demonstrate any legally
13
. •
existing use of the property under the Baytown Township Ordinances
prior to its annexation to the City of Oak Park Heights . Further,
Defendant has misapplied and misinterpreted the provisions of
Section 401 . 03A 14 of the Code of Ordinances of the City of Oak
Park Heights applying to continuation of permitted uses in newly
annexed areas inasmuch as that ordinance no longer applies to the
Defendant' s property upon it being rezoned from open space
conservation district to general business district B-2 .
The City of Oak Park Heights has the authority to regulate
uses existing within its zoning districts, which are permitted
within the zoning districts by way of conditional use permit and
may require the Defendant to apply an obtain such a permit before
continuing his business activities .
Respec submitted,
Ma k J. Vierling
14
EXHIBIT A-1
•
not increased, and there is adequate yard
space and parking.
11. Non-conforming , non-income producing ,
residential units may be expanded to improve
livability as a conditional use, provided
that the non-conformity of the structure will
not be increased.
12. Any proposed structure which will, under this
Ordinance, become non-conforming but for
which a building permit has been lawfully
granted prior to the effective date of this
Ordinance, may be completed in accordance
with the approved plans ; provided
construction is started within 60 days of the
effective date of this Ordinance, is not
abandoned for a period of more than 120 days,
and continues to completion within 2 years.
Such structure and use shall thereafter be a
legally non-conforming structure and use.
13 . Non-Conforming Junk Yards. No junk yard may
continue as a non-conforming use for more
than 1 year after the effective date of this
Ordinance, except that a junk yard may
continue as a non-conforming use in an
industrial District if within that period it '�
is completely enclosed within a building,
fence, screen planting, or other device of
such height as to screen completely the
operation of the junk yard. Plans for such a
building or device shall be approved by the
City Council before it is erected or put into
place.
14. Newly Annexed Territories--Continuation of
Previously Permitted Uses.
Where new territory has been annexed to- the
City of Oak Park Heights pursuant to the
provisions of Minnesota Statute 414.01 et
seq. , all existing uses which existed within
the territory as of the effective date of the
annexation and which were allowed under the
ordinances of the previous jurisdiction but
which are not lawful conforming uses under
the Zoning Ordinance of the City of Oak Park
Heights shall be allowed to be continued for
a period of 12 months from the effective date
of the annexation. Notwithstanding the
above, the owner or interested party of the
land may petition the City Council for the
34
411
City of Oak Park Heights to extend the time
�' to allow the nonconforming use to continue
upon the property located within the newly
annexed territory for an additional period of
time, where the applicant can demonstrate a
justification and good cause for such
extension. Notwithstanding the above, no
extension shall be granted where the use
being implemented on the subject property is
having an adverse impact on adjoining lands ,
overburdens public transportation and utility
facilities , tends to materially depreciate
the surrounding area and is not compatible
•
• with existing and future surrounding land
• uses. In no event shall such use continue as
a nonconforming use when the annexed
territory has been rezoned from the open
space conservation district to which it was
assigned upon annexation to the City of Oak
Park Heights pursuant to Section 401.04 C.
B. General Building and Performance Requirements.
1. Purpose. The purpose of this Section of the
Zoning Ordinance is to establish general
(: ' development performance standards. These
standards are intended and designed to assure
compatibility of uses; . to prevent urban
blight, deterioration and decay; and to
enhance the health, safety and general
welfare of the residents of the community.
2.. Dwelling Unit Restriction.
a_ No cellar, basement, garage, tent or
accessory building shall at any time be
used as an independent residence or
dwelling unit , temporarily or
permanently.
b. Basements may be used as living quarters
or rooms as a portion of residential
dwellings.
c. Tents, playhouses or similar structures
may be used for play or recreational
purposes.
3. Survey and Site Plan Requirement.
Any person desiring to improve property shall
submit to the Building Official a survey and
site plan of said premises and information on
Qj the location and dimensions of existing and
35
EXHIBIT A-2
411
The West 633 feet of the Northwest
quarter of the Northwest quarter (NW 1/4
of NW 1/4) of Section 4, Township 29
North, Range 20 West, Washington County,
Minnesota, according to the United State
Government Survey thereof, excepting the
South 550 feet thereof and the portion
thereof taken for highway purposes.
shall be and is hereby designated as zoned-
general business district (B-2) .."-
C. Annexed Territory. Newly annexed territory shall
be initially zoned under the "0" District.
•
D.. Zoning District Boundaries. Zoning district
boundary lines of this Ordinance follow lot lines,
railroad right-of-way lines, the center of water
courses or the corporate limit lines , all as they
exist upon the effective date of this Ordinance.
1. Appeals and questions of doubt concerning the
exact location of a zoning district boundary
line shall be heard by the City Council
serving as the Board of Zoning Adjustment.
(:: 2. When any street, alley or other public right-
• of-way vacated by official action of the
City, the zoning district abutting the
centerline of said alley or other public
right-of-way shall not be affected by such
proceeding.
•
•
•
89
• •
EXHIBIT A-3
• •
t 1
Northwest Associated Consultants , Inc .
Ae URBAN PLANNING • DES I G N • M A R K E RE S E A RCN
fc
`� '
VOL
6 fe
PLANNING REPORT
TO: Oak Park Mayor and City Council
FROM: Larry Bodahi/Curtis Gutoske
DATE: 5 July 1990
RE: Oak Park Heights - Haase Auto Dismantling
Center: 1 - Use Continuation Request
2 - Minor Subdivision Request
FILE NO: 798 .02 - 90 . 12
BACKGROUND
Item #1:
Mr. John Haase, 13797 60th Street, Stillwater, submitted a
request on 4 October 1989 to continue the Haase Auto Dismantling
Center and used car sales lot as interim uses within the new
annexation area (a special use permit was issued by the Baytown
Township, with conditions, on March 5, 1979 for the Dismantling
Center) . In 1988 the City of Oak Park Heights annexed the
property in question from Baytown Township. The City Council
enacted a Zoning Ordinance amendment in October 1989 by adding
Section 401. 03 .A, paragraph 14 "Newly Annexed Territories-
Continuation of Previously Permitted Uses . " Essentially
paragraph 14 provided " . . .the owner or interested party of the
land may petition the City Council for the City of Oak Park
Heights to extend the time ( 12 months) to allow the nonconforming
use to continue upon the property located within the newly
annexed territory for an additional period of time, . . . "
The Auto Dismantling Center exists as a non-conforming use as
paragraph 13 of Section 401 . 03, Non-Conforming Junk Yards, states
" . . .that a junk yard may continue as a non-conforming use in an
Industrial District. . . " The Conceptual Land Use Plan identifies
the property in question as Highway Commercial , Mid/High Density
Residential, and Single Family Residential . The Oak Park Heights
City Council has denied a request to rezone the property to
industrial .
4601 Excelsior Blvd.• Suite 410• Minneapolis, MN 55416• (612) 925-9420• Fax 925-2721
S 411
Our office prepared a Planning Report to the Oak Park Heights
Mayor and City Council on November 9 , 1989 with an addendum to
that report dated November 13, 1989 . The essence of the report
was a recommendation to approve the continuance of the
Dismantling Center subject to compliance of eleven ( 11)
conditions stated in the report . The continuance of the used car
lot would only be allowed if the applicant could prove its
physical existence at the time of annexation. The receipts
submitted by Mr. Haase last November do not constitute sufficient
evidence to prove the car lots existence.
The City Council discussed Mr. John Haase' s petition for
continuance on February 12 , 1990 and scheduled a public hearing
on June 25, 1990, which was then changed to coincide with the
following described subdivision request to be heard on July 9,
1990 .
Item #2 :
On June 6 , 1990 Mr. John Haase requested a Minor Subdivision
(Chapter 402, Section 402 . 06, Section B, paragraph 4 ) to divide
an unplatted +100 acre parcel into two parcels - 10 acres and 90
acres , more or less . The 10 acre parcel would be the property on
which Mr. Haase is presently operating the Haase Auto Dismantling
Center.
CASE ANALYSIS
Item #1 - Use Continuation Request:
Without a definable survey, it is difficult to absolutely
determine the boundaries of the property on which Mr. John Haase
operates his dismantling center. Site visits and photographs
indicate that vehicles are scattered outside what is assumed to
be the area granted for a special use permit by Baytown Township.
Additionally, our office previously recommended in a November 22,
1989 memorandum that additional evidence be required of Mr. Haase
concerning the operation and sales of used cars .
Because of this situation, we recommend the continuation of the
dismantling center only be granted if proper evidence is provided
by the applicant of the used car lot' s existence at the time of
annexation, or if the used car lot is discontinued and removed
from the site should such evidence not be provided. In addition,
the continuation of the dismantling center must also be subject
to the conditions set forth in our 9 November and 13 November
1989 planning reports . These conditions are listed below:
1 . Junk cars , parts , and/or equipment shall be kept only in
enclosed buildings or designated outside storage areas which
2
411
are adequately screened. "Adequate screening" as used
hereunder shall be deemed to mean a solid fence of at least
eight ( 8) feet in height surrounding the automobile
dismantling center and constructed with three-fourth ( 3/4 )
inch number three ( 3) ponderosa lumber or an equivalent or
better grade of lumber or other fencing material .
2 . The applicant shall provide a so-called "buffer zone" of not
less than thirty ( 30) feet in width, which buffer zone shall
surround the perimeter of the automobile dismantling center
and shall be landscaped with the planting of appropriate
grass and/or sod and shrubbery which shall be maintained and
kept by the owners and/or operators of the said automobile
dismantling center in a presentable appearance.
3 . The dismantling center, together with things kept therein,
shall at all times be maintained in a sanitary condition.
4 . The site shall be well drained, properly graded to insure
prompt drainage of surface and storm waters, and to insure
freedom from stagnant pools of water.
5 . No water shall be allowed to stand in any place on the
premises in such a manner as to afford a breeding place for
mosquitoes .
6 . The automobile dismantling center shall keep under control
noxious weeds, subject to the provisions of Sections
1109 . 3 .h of the City Code of Ordinances .
7 . Gasoline, oil, transmission fluid, anti-freeze/coolant, and
all other hazardous liquids shall be removed from any
scrapped engines or vehicles on the premises .
8 . The auto dismantling center shall not become a nuisance nor
operated in such a manner as to become injurious to the
health, safety or welfare of the community or any
residential close by.
9 . All signs of any nature or sort used in connection with
automobile dismantling center shall be subject to the City' s
Sign Ordinance.
10 . Failure to comply with all provisions stated herein or with
all or any provisions of any special nature imposed upon the
automobile dismantling center or the operator by State
agencies shall be cause for the City to reconsider the
approval of the continuance.
3
411 411
r
11 . The continuance of the operation of the Auto Dismantling
Center shall be subject to an inspection by the MnPCA and
Washington County Department of Health. Said inspections
must be complete within ninety ( 90) days of the conditional
City Council approval . The applicant shall be required to
satisfy any and all County or State recommendations or
forfeit the continuance approval .
These conditions are essentially the same criteria established by
the Township when it issued its special use permit on 5 March
1979 . The re-application of these conditions would insure the
center operates in a fashion similar to that prior to annexation.
The conditions would also allow the City to enforce specific
standards upon the property even if there happened to be a
previous lack of enforcement with the Township.
Item #2 - Minor Subdivision Request:
Mr. John Haase applied for a minor subdivision on June 6 , 1990 .
However, in review of the submitted application, additional
materials are found to be required to process the subdivision.
They are:
- A Certified Survey.
- A letter of consent from the property fee owner Mr.
Elmer Haase (John' s father) .
- A title insurance report be performed.
These requirements came from the direction of our office in
conjunction with the City Attorney. Mr. Haase has been informed
of these requirements via a letter dated 29 June 1990 . Mr. Haase
has stated that a survey had been done by Barry Stack. In
addition, Mr. Haase has a 10 year old purchase contract with his
father and he has paid his father two-thirds ( 2/3rds) of the
money for the property. He also stated he had operated the
dismantling business at this location for 25 years .
We discussed the survey issue with Mr. Barry Stack. He confirmed
that a Certified Survey had never been completed. However, he
did do a preliminary line drawing, which is now ten ( 10) years
old. Mr. Stack suggested that for the purposes of Council
consideration of the minor subdivision, a preliminary line
drawing should be sufficient and if Council approves the request
it must be subject to the completion of a Certified Survey.
The City Attorney informed our office that the contract eluded to
by John Haase has never been recorded and there would be a
concern that the conditions and/or agreements may have changed
over the course of the ten years .
4
• •
A review of the proposed subdivision by the City Engineer raised
the issue of street dedication for the collector street
designated in the Comprehensive Plan. Our office agrees with
this position in that the minor subdivision should dedicate its
share of the future street at this time. If this is not
accomplished as part of the current subdivision request, the City
would lose the opportunity to acquire this right-of-way via a
dedication and face potential condemnation proceedings in the
future. Therefore, to require this street dedication, it is
recommended the applicant enter into a development agreement with
the City specifying the right-of-way to be dedicated. To
minimize the impact upon the dismantling center, it is also
recommended the south 40 feet of the property be the area
dedicated for right-of-way. Furthermore, our office recommends
the following additional provisions be a part of the subdivision
development contract.
o The operation of the dismantling center comply with all
stipulations of its use continuance approval .
o An acknowledgement is made by the applicant that the
dismantling center is a non-conforming use, not covered
under the grandfather provisions of the Zoning Ordinance,
and that its eventual termination is inevitable subject to
the determination by the City Council in accordance with
Section 401 . 03 .A. 14 of the Zoning Ordinance.
o The redevelopment and further subdivision of the subject
property shall comply with the City Comprehensive Plan and
all applicable Zoning and Subdivision Ordinance regulations .
RECOMMENDATION
Although two separate issues exist, (the non-conforming use
continuance and the minor subdivision request) , they do overlap
and can affect future development.
Use Continuance Request:
It is recommended that the continuation of the Haase Dismantling
Center be granted according to the eleven ( 11) conditions set
forth in this report and that a specific time period, preferably
one year, be applied for renewal of the continuance request. In
addition, the continuation is subject to the applicant providing
the City with sufficient evidence to determine the used car lot
existed at the time of annexation in a manner similar to its
present operation. If no such evidence is provided, the used car
lot must be discontinued and removed from the property.
5
111 110
Minor Subdivision Request:
It is recommended that the minor subdivision request be granted
(with reservation) . Approval of the minor subdivision must be
subject to the applicant entering into a development contract
specifying the following provisions :
o The operation of the dismantling center comply with all
stipulations of its use continuance approval .
o An acknowledgement is made by the applicant that the
dismantling center is a non-conforming use, not covered
under the grandfather provisions of the Zoning Ordinance,
and that its eventual termination is inevitable subject to
the determination by the City Council in accordance with
Section 401 .03 .A. 14 of the Zoning Ordinance.
o The redevelopment and further subdivision of the subject
property shall comply with the City Comprehensive Plan and
all applicable Zoning and Subdivision Ordinance regulations .
In addition, a Certified Survey must be prepared to ensure there
are no unrecorded easements, encroachments, or encumbrances to
the property in question. Prior to formal approval of the
subdivision, it is recommended that the Council also require:
Certified Survey
- Letter of Consent from the Fee Owner
Title Insurance Report
This recommendation (with reservation) stems from the potential
conflict with the Conceptual Land Use Plan. To allow a ten ( 10)
acre parcel to be platted in the middle of a 100 acre unplatted
parcel can present future land use conflicts . However, the
historical use of the property, and the non-conforming use
continuation demonstrate that formal boundaries are necessary.
The minor subdivision will establish definable boundaries .
cc: LaVonne Wilson
Lyle Eckberg
Mark Vierling
Mick Kaehler
Joe Anderlik
John Haase
Barry Stack
Jack Walsh
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61g�9
Q Case Number
Fee Paid t6o•00
Date Filed July► 2L 1979
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PLANNING ADMINISTRATIVE FORM
Street Location of Property: .R2Z. N. 60th St.,
Legal Description of Property: NEi of' nit Section,, T. 9 N..3 R. 20 M
•
Owner: Name Elmer Haase
Address 7676 Hudson Blvd. , Lake Elmo, Mn. phone:
Applicant (if other than owner): Name John Haase - Autr...I2ismantlingcenter,
Address 1n27 N. 60th St. Phone: 4.52-6466
Type of Request: ___ Rezoning ___ Approval of Preliminary Plat
J._ Special Use Permit ___ Approval of Final Plat
___ Variance ___ Other
Description of Request: Operation of' Auto Dismantling Center within
existingfenced area.
• Signature of Applicant:
Date of Public Hearing:
NOTE: Sketch of proposed property and structure to be drawn on back of this form or at-
tached, showing the following:
1. North direction.
2. Location of proposed structure on Iot.
3. Dimensions of front and side set-backs.
4. Dimensidns of proposed structure.
5. Street names.
6. Location of adjacent existing buildings.
7. Other information as may be requested.
Approved ___ Denied ___ by the Planning Commission on (date)
subject to the following conditions:
Approved _1_ Denied by the Council on March 5,. 1279 subject fo the
following conditions: Compliance with Ba_ytown Township. Ordinances No. 16 and
t7,,_end a_ppropriate State and County regulations.
Comments: (Use other side) Permit to be reviewed for renewal in June, 1980.
EXHIBIT B - Township Perm
. .. . 0
Section 4. Applications. * c. Junk cars shall be kept only in Section 7. Fires.
enclosed buildings or in automobile
Gazette, Oct. 30, 1978 4.1 No permit for an automobile graveyards which are adequately 7.1 No fires shall be permitted
graveyard shall be issued by the Town screened. "Adequate Screening" as
• +ORDINANCE NO. le Board unless and until the person used hereunder shalt be deemed to within the automobiledesignated
graveyardo
except of bileburners. No
requesting same shall first make mean a solid fence of at least eight(8) burning of automobiles or accessories
ORDINANCE REGULATING application to the Town Board and feel in height surrou,tding the shall be permitted.
PARKING AND STORING OF shall submit therewith alt information automobile graveyard and con.
4K VEHICLES WITHIN and data hereinafter specified. The structed with three-fourth (3/4) inch Section 8. Annual License.
(TOWN TOWNSHIP AND application shall be in writing,signed number three (31 ponderosa lumber
7.ZULATtNG THE ESTABLISH• by the applicant and shall include the or an equivalent or better grade Of 8.1 On or before January loth of
NT, MAINTENANCE AND following: lumber or other fencing material. each year following the first six (6)
ERATION OF AUTOMOBILE * d. The applicant shall provide a So. month period that a permit has been
>VEYAROS WITHIN THE a. Name, residence address, and called "Buffer Zone"of not less than in force under this ordinance, the
NASHIP telephone number of each individual thirty(30)feet in width,which buffer operator shall pay an annual permit
owner,partner,or,If a corporation or zone shall surround the perimeter of fee to the Township Treasurer. Such
-IE TOWN BOARD OF Other organization, each officer and the automobile graveyard and shalt be fee shall be Five Hundred Dollars
TOWN TOWNSHIP ORDAINS director. landscaped with the planting of ap. (SS00.00) per year.
=OLLOWS: b. Trade names used dinthe propriate grass and/Or sod and
previous five years by the applicant shrubbery which Shall be maintained 8,2 All automobilegraveyards
and each person signing the ap• ionof
ction 1. Definitions. and kept by the owners and/or established prior to the adoption of
plication, along with the fOtationS of operators of the said automobile this ordinance shall be subject to
"Junk Car" as used in this or. prior establishments, graveyard in a presentable ap• provisions of this ordinance and shall
c. Names and addresses of ern.
. "ce shall be deemed to mean any pearance. pay the license lees provided in this
ployer-r vehicle which for a period of s of each person signing the e.The license issued shall be plainlysection commencingJanuary, 1979.
i (30) days or more: application during the previous flue displayed on the business premises.
years.
d. The trade name and address of * f, The graveyard, together with Section 9. Revocation of License.
's not in operable condition; the business on behalf of which ap• things kept therein,shall at all times
Is partially dismantled: plication i5 made and its telephone be maintained in a sanitary condition. * 9.1 Failure to comply with all
;s used for sale of parts or as a number, if assigned. g. No space not covered by the provisions of this ordinance or with all
-e of repair or replacement e.The name,residence address,and license shall be uSed in the licensed or any provisions of any special
for other vehicles; buSineSs. nature imposed upon the automobile
Is kept sera telephone number of each person
ep for pping, disman- employed or intended to be employed * h.No water shall be allowed to stand graveyard or the operator by the
or salvage of any kind: or in the business as of the time the in any place on the premises in such a terms of such permit shall be cause
Is not properly licensed for application is filed. manner as to afford a breeding place for the Town Board to revoke
,tion within the State of Min. f• Exact address or location of the for mosquitoes. the permit•
a. place where the business is or is i.Weeds and other vegetation on the Section 10. Penalties.
proposed to be carried on, plus a premises,other than trees and shrubs,
"Automobile Graveyard" as sketch of the actual premises to be shall be kept at a height of not more 10.1 Any person,or persons,firm Or
n this ordinance shall be deemed - corporation violating any of the
used in connection with the business, than four Inches.
an any site, lot,field or tract of giving distances in feet and showing I. No garbage or other waste liable provisions of this ordinance shall be
upon which two or more junk adjoining roads, property lines, to give off a foul odor or attract vet• guilty of a misdemeanor, and upon 4
nobites are kept and shall include buildings and uses. min shall be kept on the premises;nor conviction thereof shall be punished i
'tuilding, structure or enclosure g. A description of the materials shalt any refuse Of any kind be kept on by a fine not to exceed 5500.00 or by
or intended for use as part of the with which any buildings to be used in the premises. imprisonment for not to exceed ninety
Oment of such automobile connection with the licensed business k.Gasoline and oil shall be removed 190) days for each offense. Each
eyard. are,or are to be made,a sketch giving from any scrapped engines or vehicles successive ten(10)day period that the
distances. showing the location of on the premises. violation i to exist after the
" I. The licensee shall
Motor Vehicle"for the purpose such buildings on the businesspermit In. of the vio first day of the violation hereunder
-'is ordinance shall have the premises; and a diagram or plan SpectiOn of the business premises by Shall Constitute a Separate offense
'ting ascribed in Minnesota givingdistances and heights,shows hereunder.
g � any member or representative of a
'es 1961,Section 168.011,Subd.4. floorS, exits, entrances, windows, member of the Town Board at any Section 11. Severability.
ventilators, and walls, reasonable time.
"Motor Vehicle Part" for the h. Such Other information as the m. No lunkdealer licensed 11.1 N any Section, subsection,
ose of this ordinance, "Part or Town Board shall find reasonably hereunder or his employee or his sentence,Clause,phrase or portion of
t of Motor Vehicles"Shalt include necessary to effectuate the purposes
Part, accessory, attachment, or agent r usell purchasein or receive any this ordinance is for any reason held
invaof this ordinance and to arrive of a fair junk for in the licensed business
z.of equipment commonly used oncourttid orpetenturiiunconstitutional by any
connection with a motor vehicle. determination Of whether the terms of from any person under the age of of competent jurisdiction, such '
this ordinance have been complied eighteen q years without the written portion shall be deemed a separate, f.
with, consent of a parent or guardian of distinct and independent provision
ction 2. License Required, such person. Such writing shalt be
Section S. License Fee, and such holding shall not affect the
No person, firm or corporation held available for inspectionentaiby any validity 01 the remaining portions
erect, establish or maintain anmember, or representative of a hereof.
5.1 The applicant shall pay to the member of the Town Board for a
mobile graveyard within the Township a license fee of Five Hum•
'S of Baytown Township, Bred Dollars(5500.00) at the time the n, d of at least five years. Section 12. Effective Date. -
^ington County, Minnesota, n. Each acquisition shall be
application is filed, recorded in a permanent type register 12.1 This ordinance shall be in suit
out first obtaining a license kept on the business premises,giving
eta* from the Town Board, or its Section 6. Requirements. force and effect front and after its
prized representative. the and residence
eaddress the publication according to law.
6.1 The automobile graveyard shall person from whom the acquisition was
A junk dealer who operates more made, a description of the junk Enacted and ordained into an or.
Conform to the following acquired, and the date of the Iran.
one junkyard within the Town. 'requirements: dinance this 11th day of September,
section, Such data shall
shall be required t0 have abeheld 1978.
available for inspection by any
rate license in effect for each
a. The automobile graveyard shall member Of the Town Board or a s/Anders P. Hansen
i' conform to all applicable provisions of member's representative for a period
the Town Zoning Ordinance, of at least five years.
ction 3. Location of Junk Cars. b. The site shall be well drained, Anders P. Hansen Chairman
'� * o. No junkyard shall be allowed to
properly graded to Insure prompt become a nuisance: nor shall any Attest:
; No person, firm or corporation drainage of surface and storm waters, s/Charlotte Kirby
; locale more than one junk car junkyard be operated Injurious such a
and to insure freedom from stagnant manner as to become
.de of an automobile graveyardfareto the
which a license has been granted pools of water, health, safety, or welfare of the Charlotte Kirby. Clerk
Cr the provisions of this ordinance. Community or any residents close.by.
p. All signs of any nature Or sort 10/30
used in connection with automobile
graveyards shall be subject to the
approval of the Town Board who shall
* PROVISIONS SELECTED FOR CONTINUANCE use as standards for administering
APPROVAL this section the applicable standards
relating to signs In the Washington
County Zoning Ordinance in effect
when the application is made.
EXHIBIT C - Township Ordinance
•
1.
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+ ;' •Evening Gazette, May 11, 1979•
L 'ORDINANCE NO 17.
SAORDINANCE' AMENDING
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EXHIBIT D - OPH Comprehensive Plan
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EXHIBIT E - Proposed Subdivision (sketch plan)
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EXHIBIT F - Elmer Haase Property
• Otto G.Bonesiroo.P.E. Keith A.Gordon, James R.Maland.P.E. Thomas R.Anderson.A.I.A.
Bones t goo Robert W.Rom'P.E. Richard W.Foster,P.E. Kenneth P.Anderson,P.E. Gary F.Rylander.P.E.
r Joseph C.Anderek P.E. Donald C.Burgardt.P.E. Mark R.Roiff.P.E. Miles B.Jensen.P.E.
Marvin L.Sorvala.P.E. Jerry A.Bowdon.P.E. Robert C.Russek ALA. L Philip Gravel ia,P.E.
■ Rosene & Richard E.Turner.P.E. Mark A Hanson.P.E. Thomas E.Angus.P.E. Rene C.Plumart A.I.A.
Jame
C
How
rd A.Sanford PE. Agnes M.Ring
AnderlikGlenn R.
R.Cook.
Olson.
MT.ichael utmann.PE. Danelel Edgerton,PE. Jerry D.Petasch.RE.
P
Thomas E.Noyes.P.E. Robert R.Pfeffer*,P.E. Mark A.Seig P.E. Cecile Olivier.P.E.
Associates Robert G.Schunicht.P.E. David O.Losk ta.P.E. Philip J.Caswell.PE, Charles A.Erickson
Susan M.Eberin,C.P.A. Thomas W.Peterson.P.E. Ismael Martinez P.E. Leo M.Pawetsky
Michael C Lynch P.E. Mark D.Walls.P.E. Harlan M.Olson
Engineers & Architects
•
July 3, 1990 `��n
Mr. Curt Gutoske
RS1C
Northwest Associated Consultants
4601 Excelsior Boulevard
Suite 410
Minneapolis, Minnesota 55416
Re: Hasse Minor Subdivision
Oak Park Heights, MN
Our File No. 55
Dear Curt:
We have reviewed the sketch plan of a minor subdivision proposed by Mr. John
Hasse to separate a 10 acre parcel containing the Hasse Dismantling Center
from the balance of Elmer Hasse property. This subdivision will not adversely
affect future utilities in the area or storm water drainage. However, your
land use concept plan properly shows a roadway from Oakgreen Avenue westerly
across this 10 acre parcel. As a minimum this roadway could be located across
the northern edge of this parcel with the necessary roadway right of sway
platted as a part of this subdivision. N.S.P. should be contacted to see if
they would allow a roadway in this location on their transmission easement.
The dividing of the "junk yard" from the balance of the property may limit. the
City's ability in the future to impose conditions that will be appropriate as
plans for adjacent land uses are developed. We do not believe that it is in
the best interests of the City to allow the minor subdivision without
substantial additional development information.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
U. 0,444.011..k%
osep C. Anderlik
JCA:dh
jca/45
2335 West Highway 36 • EXHIBIT G - City Engineer's Review
M i
IJNA 'Northwest Associated Consultants Inc .
C URBAN P L A N N I N G • D E S I G N • M A R K E T RESEARCH
MEMORANDUM
TO: Oak Park Heights Mayor and City Council
FROM: Curtis Gutoske
DATE: 5 July 1990
RE: Oak Park Heights - Soderlund CUP Request
FILE NO: 798 . 02 - 90. 10
At the request of Mr. John Low, property owner of the proposed
Soderlund CUP location, I have prepared a drawing of an
acceptable solution to the closing of the frontage road curb cut
and a parking lot layout for the area in front of the building.
This drawing is attached to this memo.
Mr. Low asked me to prepare this so he could be given a direction
to satisfy condition #2 of our 27 June 1990 planning report. If
Mr. Low were to implement such layout, we would find this to be
an acceptable resolution to this condition.
With regards to condition #3, this would also satisfy the
required striping, and we would recommend the loading area be
provided and delineated along Olene Avenue. All of the above
improvements shall be illustrated on a certified property survey
to be submitted by the applicant and/or property owner.
Should you have any questions regarding this matter, please call .
cc: LaVonne Wilson
Lyle Eckberg
Mark Vierling
Mick Kaehler
Joe Anderlik
Richard Soderlund
John Low
4601 Excelsior Blvd.• Suite 410• Minneapolis, MN 55416• (612) 925-9420• Fax 925-2721
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RECOMMENDED PARKING LAYOUT - PREPARED BY NAC (7/5/90)
EXHIBIT A-4
....- ?
• 0 •
!
OAK PARK HEIGHTS
CITY OF
14168 -57th Street North -Box 2007
OAK PARK HEIGHTS, MINNESOTA 55082
At.
439-4439
July 18, 1990
, .
. ,
. . , ..
TO- - Oak Park Heights City Council- . -
PROM- Mick Kaehler„ Building Official
. .... '
.. -
•-::::-:„.R... , •
,,,:,.---,•.. '
RE:- .
Haase Auto Dismantling — Site Review
. .
. . . , .. . . .
e s
. ,:;..*'‘'V't.:,:_•,'...., •-•, -- 'Oa July, 13, 1990 1., ' ite review of Mr. Haccars Dismant.-....1•4
ng Center.. -
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.
Mr... Haase scompRellancet.wifttost.,-., ,?,,,,,.... ..4.,..,...i4,4•4.:.,-...t....,.,i,
Tha City Council requested,that r verify'
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• 111
STATE OF MINNESOTA IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No. C6-95-2691
City of Oak Park Heights, a Case Type: 10/Other Civil
municipal corporation,
Plaintiff,
AFFIDAVIT OF
vs. DAVID SNYDER
John Howard Haase, JCJ Land
Corporation, a municipal
corporation and Daniel P.
Stewart,
Defendant.
STATE OF MINNESOTA )
: ss .
COUNTY OF WASHINGTON)
DAVID SNYDER, upon being first duly sworn on oath deposes and
states that he is a law clerk with the firm of Eckberg, Lammers,
Briggs, Wolff & Vierling, P.L.L.P. That upon the request of
partner, Mark J. Vierling, your Affiant conducted a review of the
lawfirm' s files relating to the City of Oak Park Heights and John
Howard Haase.
That with regard thereto your Affiant was able to locate three
(3) documents annexed hereto being as follows :
1. July 5, 1990 Report from Northwest Associates
Consultants, Inc.
2 . July 17, 1990 Report from Northwest Associates
Consultants, Inc.
3 . July 18, 1990 letter directed to the City of Oak Park
Heights from Building Official, Mick Kaehler, affecting
Haase Auto Dismantling site review.
That these three (3) documents are not part of the compilation
111
of records which exist as Trial Exhibit No. 1 and areP art of the
files of the Offices of the City Attorney, received during the
course of representation of the City of Oak Park Heights in
calendar year 1990 dealing with the John Haase property.
FURTHER THAN THIS YOUR AFFIANT SAYETH NOT.
DAV lD SNY ER
Subscribed and sworn to before me
this /39.:3day ofiC,c__, 1995 .
No ry Public
SHARON M.PRICE
14010TNir Fugue-mum
o
wn 601111.11111.31.2000
• •
J1N Northwest Associated Consultants , Inc .
AC URBAN PLANNING • D E S I G N • M A R K E 1?: E S E A R C H
r ('
6 Rev
PLANNING REPORT
TO: Oak Park Mayor and City Council
FROM: Larry Bodahl/Curtis Gutoske
DATE: 5 July 1990
RE: Oak Park Heights - Haase Auto Dismantling
Center: 1 - Use Continuation Request
2 - Minor Subdivision Request
FILE NO: 798 . 02 - 90. 12
BACKGROUND
Item #1:
Mr. John Haase, 13797 60th Street, Stillwater, submitted a
request on 4 October 1989 to continue the Haase Auto Dismantling
Center and used car sales lot as interim uses within the .new
annexation area (a special use permit was issued by the Baytown
Township, with conditions, on March 5, 1979 for the Dismantling
Center) . In 1988 the City of Oak Park Heights annexed the
property in question from Baytown Township. The City Council
enacted a Zoning Ordinance amendment in October 1989 by adding
Section 401.03 .A, paragraph 14 "Newly Annexed Territories-
Continuation of Previously Permitted Uses. " Essentially
paragraph 14 provided " . . .the owner or interested party of the
land may petition the City Council for the City of Oak Park
Heights to extend the time ( 12 months) to allow the nonconforming
use to continue upon the property located within the newly
annexed territory for an additional period of time, . . . "
The Auto Dismantling Center exists as a non-conforming use as
paragraph 13 of Section 401. 03, Non-Conforming Junk Yards, states
. . that a junk yard may continue as a non-conforming use in an
Industrial District. . . " The Conceptual Land Use Plan identifies
the property in question as Highway Commercial, Mid/High Density
Residential, and Single Family Residential. The Oak Park Heights
City Council has denied a request to rezone the property to
industrial .
4601 Excelsior Blvd.• Suite 410• Minneapolis, MN 55416. (612) 925-9420• Fax 925-2721
• i
Our office prepared a Planning Report to the Oak Park Heights
Mayor and City Council on November 9, 1989 with an addendum to
that report dated November 13 , 1989 . The essence of the report
was a recommendation to approve the continuance of the
Dismantling Center subject to compliance of eleven ( 11 )
conditions stated in the report. The continuance of the used car
lot would only be allowed if the applicant could prove its
physical existence at the time of annexation. The receipts
submitted by Mr. Haase last November do not Fonstitute sufficient
evidence to prove the car lots existence.
The City Council discussed Mr. John Haase' s petition for
continuance on February 12 , 1990 and scheduled a public hearing
on June 25, 1990, which was then changed to coincide with the
following described subdivision request to be heard on July 9 ,
1990 .
Item #2 :
On June 6 , 1990 Mr. John Haase requested a Minor Subdivision
(Chapter 402, Section 402 .06, Section B, paragraph 4 ) to divide
an unplatted +100 acre parcel into two parcels - 10 acres and 90
acres, more or less . The 10 acre parcel would be the property on
which Mr. Haase is presently operating the Haase Auto Dismantling
Center.
CASE ANALYSIS
Item #1 - Use Continuation Request:
Without a definable survey, it is difficult to absolutely
determine the boundaries of the property on which Mr. John Haase
operates his dismantling center. Site visits and photographs
indicate that vehicles are scattered outside what is assumed to
be the area granted for a special use permit by Baytown Township.
Additionally, our office previously recommended in a November 22 ,
1989 memorandum that additional evidence be required of Mr. Haase
concerning the operation and sales of used cars .
Because of this situation, we recommend the continuation of the
dismantling center only be granted if proper evidence is provided
by the applicant of the used car lot ' s existence at the time of
annexation, or if the used car lot is discontinued and removed
from the site should such evidence not be provided. In addition,
the continuation of the dismantling center must also be subject
to the conditions set forth in our 9 November and 13 November
1989 planning reports . These conditions are listed below:
1. Junk cars, parts, and/or equipment shall be kept only in
enclosed buildings or designated outside storage areas which
2
S i
are adequately screened. "Adequate screening" as used
hereunder shall be deemed to mean a solid fence of at least
eight ( 8 ) feet in height surrounding the automobile
dismantling center and constructed with three-fourth ( 3/4 )
inch number three ( 3) ponderosa lumber or an equivalent or
better grade of lumber or other fencing material .
2 . The applicant shall provide a so-called "buffer zone" of not
less than thirty ( 30) feet in width, which buffer zone shall
surround the perimeter of the automobile dismantling center
and shall be landscaped with the planting of appropriate
grass and/or sod and shrubbery which shall be maintained and
kept by the owners and/or operators of the said automobile
dismantling center in a presentable appearance.
3 . The dismantling center, together with things kept therein,
shall at all times be maintained in a sanitary condition.
4 . The site shall be well drained, properly graded to insure
prompt drainage of surface and storm waters, and to insure
freedom from stagnant pools of water.
5 . No water shall be allowed to stand in any place on the
premises in such a manner as to afford a breeding place for
mosquitoes .
6. The automobile dismantling center shall keep under control
noxious weeds, subject to the provisions of Sections
1109 . 3 .h of the City Code of Ordinances .
7 . Gasoline, oil, transmission fluid, anti-freeze/coolant, and
all other hazardous liquids shall be removed from any
scrapped engines or vehicles on the premises .
8 . The auto dismantling center shall not become a nuisance nor
operated in such a manner as to become injurious to the
health, safety or welfare of the community or any
residential close by.
9 . All signs of any nature or sort used in connection with
automobile dismantling center shall be subject to the City' s
Sign Ordinance.
•
10 . Failure to comply with all provisions stated herein or with
all or any provisions of any special nature imposed upon the
automobile dismantling center or the operator by State
agencies shall be cause for the City to reconsider the
approval of the continuance.
3
411
•
. 11 . The continuance of the operation of the Auto Dismantling
Center shall be subject to an inspection by the MnPCA and
Washington County Department of Health. Said inspections
must be complete within ninety ( 90 ) days of the conditional
City Council approval . The applicant shall be required to
satisfy any and all County or State recommendations or
forfeit the continuance approval .
These conditions are essentially the same criteria established by
the Township when it issued its special use permit on 5 March
1979 . The re-application of these conditions would insure the
center operates in a fashion similar to that prior to annexation.
The conditions would also allow the City to enforce specific
standards upon the property even if there happened to be a
previous lack of enforcement with the Township.
Item #2 - Minor Subdivision Request:
Mr. John Haase applied for a minor subdivision on June 6, 1990 .
However, in review of the submitted application, additional
materials are found to be required to process the subdivision.
They are:
A Certified Survey.
- A letter of consent from the property fee owner Mr.
Elmer Haase (John' s father) .
- A title insurance report be performed.
These requirements came from the direction of our office in
conjunction with the City Attorney. Mr. Haase has been informed
of these requirements via a letter dated 29 June 1990 . Mr. Haase
has stated that a survey had been done by Barry Stack. In
addition, Mr. Haase has a 10 year old purchase contract with his
father and he has paid his father two-thirds ( 2/3rds) of the
money for the property. He also stated he had operated the
dismantling business at this location for 25 years .
We discussed the survey issue with Mr. Barry Stack. He confirmed
that a Certified Survey had never been completed. However, he
did do a preliminary line drawing, which is now ten ( 10) years
old. Mr. Stack suggested that for the purposes of Council
consideration of the minor subdivision, a preliminary line
drawing should be sufficient and if Council approves the request
it must be subject to the completion of a Certified Survey.
The City Attorney informed our office that the contract eluded to
by John Haase has never been recorded and there would be a
concern that the conditions and/or agreements may have changed
over the course of the ten years .
4
110 411
A review of the proposed subdivision by the City Engineer raised
the issue of street dedication for the collector street
designated in the Comprehensive Plan. Our office agrees with
this position in that the minor subdivision should dedicate its
share of the future street at this time. If this is not
accomplished as part of the current subdivision request, the City
would lose the opportunity to acquire this right-of-way via a
dedication and face potential condemnation proceedings in the
future. Therefore, to require this street dedication, it is
recommended the applicant enter into a development agreement with
the City specifying the right-of-way to be dedicated.. To
minimize the impact upon the dismantling center, it is also
recommended the south 40 feet of the property be the area
dedicated for right-of-way. Furthermore, our office recommends
the following additional provisions be a part of the subdivision
development contract.
o The operation of the dismantling center comply with all
stipulations of its use continuance approval.
o An acknowledgement is made by the applicant that the
dismantling center is a non-conforming use, not covered
under the grandfather provisions of the Zoning Ordinance,
and that its eventual termination is inevitable subject to
the determination by the City Council in accordance with
Section 401 . 03 .A. 14 of the Zoning Ordinance.
o The redevelopment and further subdivision of the subject
property shall comply with the City Comprehensive Plan and
all applicable Zoning and Subdivision Ordinance regulations.
RECOMMENDATION
•
Although two separate issues exist, (the non-conforming use
continuance and the minor subdivision request) , they do overlap
• and can affect future development.
Use Continuance Request:
It is recommended that the continuation of the Haase Dismantling
Center be granted according to the eleven ( 11) conditions set
forth in this report and that a specific time period, preferably
one year, be applied for renewal of the continuance request. In
addition, the continuation is subject to the applicant providing
the City with sufficient evidence to determine the used car lot
existed at the time of annexation in a manner similar to its
present operation. If no such evidence is provided, the used car
lot must be discontinued and removed from the property.
5
Minor Subdivision Request:
It is recommended that the minor subdivision request be granted
(with reservation) . Approval of the minor subdivision must be
subject to the applicant entering into a development contract
specifying the following provisions :
o The operation of the dismantling center comply with all
stipulations of its use continuance approval .
o An acknowledgement is made by the applicant that the
dismantling center is a non-conforming use, not covered
under the grandfather provisions of the Zoning Ordinance,
and that its eventual termination is inevitable subject to
the determination by the City Council in accordance with
Section 401 . 03 .A. 14 of the Zoning Ordinance.
o The redevelopment and further subdivision of the subject
property shall comply with the City Comprehensive Plan and
all applicable Zoning and Subdivision Ordinance regulations .
In addition, a Certified Survey must be prepared to ensure there
are no unrecorded easements , encroachments , or encumbrances to
the property in question.. Prior to formal approval of the
subdivision, it is recommended that the Council also require:
Certified Survey
Letter of Consent from the Fee Owner
Title Insurance Report
This recommendation (with reservation) stems from the potential
conflict with the Conceptual Land Use Plan. To allow a ten ( 10)
acre parcel to be platted in the middle of a 100 acre unglatted
parcel can present future land use conflicts . However, the
historical use of the property, and the non-conforming use
continuation demonstrate that formal boundaries are necessary.
The minor subdivision will establish definable boundaries .
cc: LaVonne Wilson
Lyle Eckberg
Mark Vierling
Mick Kaehler
Joe Anderlik
John Haase
Barry Stack
Jack Walsh
6
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Fee Paid t60.00
' Date Filed July 22. 1979
,‘ .
`'',I ` ' `' PLANNING ADMINISTRATIVE FORM
Street Location of Property: 512/ N. 60th St._,
Legal Description of Property: N of NE Sections, T. 9 N. R. 20 W
Owner: Name Elmer Haase
Address 7676 Hudson Blvd. , Lake Elmo, Mn. ?bone:
Applicant (if other than owner): Name John Haase -Jutf,_•2ismantlingQenter.
Address 1N27 N= 60th St. Phone: 452-6466
Type of Request: ___ Rezoning ___ Approval of Preliminary Plat
Special Use Permit ___ Approval of Final Plat
___ Variance ___ Other
Description of Request: _QLaration of Auto Dismantling Center within
•
existing fenced area. •
• Signature of Applicant:
Date of Public Hearing:
NOTE: Sketch of proposed property and structure to be drawn on back of this form or at-
tached, showing the following:
1. North direction.
• 2. Location of proposed structure on Iot.
• 3. Dimensions of front and side set-backs.
4. Dimensidns of proposed structure. •
5. Street names.
6. Location of adjacent existing buildings.
7. Other information as may be requested.
Approved ___ Denied ___ by the Planning Commission on (date)
subject to the following conditions:
Approved _x_ Denied by the Council on March 5_,. 1279 subject to the
following conditions: Compliance with 3sztown Township Ordinances No. 16 and
17_,_and aprogriate State and Count/ rejtulations
Comments: (Use other side) Permit to be reviewed for renewal in June, 1980.
EXHIBIT B - Township Perm!
41. do•
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Section 4. Appllcatlons. C. Junk cars shall be kept only In Section 7. Fires.
enclosed buildings or in automobile
Gazette, Oct. 30, 1978 4.1 No permil for an automobile graveyards which are adequately7.1 No fares shall be pltmitteo
,
graveyard shalt be issued by the Town screened. "Adequate Screening" a3
' ORDINANCE NO. 16 Board unless and until the person used htrlunder shall b! deemed to
except within designated
the automobile graveyard
burners. No
requesting same shall first make mean a solid fence of at least eight(8) burni
ORDINANCE REGULATING application to the Town Board and feel in height surreuading the nq of mitte automobiles or accessories
K
PARKING ANO STORING OF Shall submit therewith all information Shall be permitted-
:.:
automobile graveyard and Con•
4K VEHICLES WITHIN and data hereinafter specified. The struCted with three•fourth (3/4) inch Section I. Annual License.
(TOWN TOWNSHIP AND application shall be in writing,signed number three (3) ponderosa lumber
SULATING THE ESTABLISH. ytheapplicant and shall include the Cr an equivalent or better grade of 8.1 On or before January 10th of
r
NT, MAINTENANCE AND ng: lumber or other fencing material. each year following the first six io)
!RATION OF AUTOMOBILE * d.The applicant shalt provide a so- month period that a permit has been
:VEYAROS WITHIN THE a. Name. residence address, and Called "Buffer Zone"of not less than in force under this ordinance, the
1NSill P telephone number of each individual thirty(301 feet in width,which buffer operator shall pay an annual permit
owner,partner,or.11 a corporation or zone shall surround the perimeter of fee to the Township Treasurer. Such
'rH TOWN BOARD OF other organization, each officer and the automobile graveyard and shall be fee Shall be Five Hundred Dollars
TOWN TOWNSHIP ORDAINS director, landscaped with the planting of ao• (5500.00) per year.
:OLLOWS: b Trade names used during the propriate grass and/or sod and
previous five years by the applicant shrubbery which shall be maintained 0.2 Ail automobile graveyards
and each person signing the ap•
Olen 1. Definitions. and kept by the owners and/or established prior to the
plication. along with the locations ofadoption of
prier establishments. operators of the said automobile this ordinance shill be Reject to
"Junk Car" as used in this or. C. Names and addresses of lfTl. graveyard in a presentable ad- provisions of this ordinance and shall
'ice shall be deemed to mean any
r vehicle wnicn for a period of plovers of each person signing the pl.The 1. pay the license cinees provided in thise,The license issued shall be plainly section commencing January, 1979.
application during the previous five
r (30) days or more: yearsdisplayed on the business premises.
d. The trade name and address of * I. The gravetard, together with Section t. Revocation of License.
is not in operable condition: the business on behalf of wnicn aD. things kept therein,shall at all times
is partially dismantled; plication is made and ifs telephone be maintained in a sanitary condition. * 9.1 Failure to comply with all
is used for Sale Of parts or as a number, if assigned. g. No space not Covered by the provisions of this ordinance or wins all
•e of repair or replacement e.The name.residence address,afro license shall be used in the licensed or any provisions of any special
for other vehicles; telephone number Of each person business, nature imposed upon the automobile
is kept for scrapping, disman• employed or intended to be employed h.NO water shall be allowed to stand graveyard or the operator by the
Or salvage of any kind:or in the business of of the tlrne the in any place on the premises in such a terms of such permit shall be Cause
Is not property licensed for application is tiled, manner as to afford a breeding place for the Town Board to revoke
htion within the State of Min. 1. Exact address or location of the for mosqu noes. •— the permit.
a. place where the business is or is i.Weeds and other vegetation on the Section le. Penalties.
proposed to be Carried on, plus a premises.other than trees and shrubs,
"Automobile Graveyard" as sketch of the actual premises to be shall be kept at a height of not more 10.1 Any viol,or pentons,lirlmor
.n Mis ordinance shall be deemed used in connection with the business. then four Inches. corporation violating any of the
:an any sale, lot,field or tract of giving distances in feet and showing j. No garbage or other waste liable provisions of this ordinance shall be •
. upon which two or more junk adioininq roads., property lines. to give off a foul odor or attract ver• guilty of a misdemeanor• and upon r
•lotsiies are kepl and shall includeconviction thereof shall be punished i
buildings. description and uses. men shall be kept on the premises:nor by a fine not to exceed 5500.00 or by
Wilding. structure or enclosure q. A of the materials shall any refuse of any kind be kept an
or intended for use as part of the with which any buildings to be used in the imprisonment for not t0 exceed ninety
oment of such automobile premises. (90) days for each offense. Each
connection with the licensed business k.Gasoline and oil shall be removed
wardare,or are lobe made,a sketch giving from any scrapped engines or vehicles successive ten(101 day period that the
distances, showing the location of on the premises. violation is permitted to exist after"Motor Vehicle"for the purpose such buildings on the business I. The licensee shall permit In. first day of the violation hereunder
'is ordinance shall have the premises; and a diagram or plan spection of the business premises by
shell constitute a separate offense
ling ascribed in Minnesota hereunder.
giving distances and heights,showing any member or representative Of a
:es 1961,Section 168.011,Stn d.4. floors, exits, entrances, windows, member of the Town Board at any
•
reasonable time. Steffan I1. Severability.
ventilators.and walls,
"Motor Vehicle Part" for the to. Such other information as the m. No iunkdealer licensed
Xs of this ordinance. "Part or Town Board shall find reasonably 11,1 If any section, subsection.
'of Motor Vehicles"Shall include hereunder or his employee Or his sentence.Clause,phrase or reason n of
necessary l0 effectuate the purposes agent shall purchase or receive any
Dart. accessory, attachment, or of this ordinance and to arrive al a fair- invalidis ordinance ue is ler any by held
• 'Of equipment commonly used on determination of whether the terms of junkfrfor use personin thunderlidetheh N courtor unenjurronal .suchch
Connection with a motor vehicle. eighteenght any theage of portionrti of shallcompetentdryridda sep •
that ordinance have been Complied years without written
• with. be deemed a separate.
erten 2. License Required, consent of a parent or guardian of distinct and independent provision
Section S. License Fee, such person. Such writing shall be and such holding shall not affect the
Net person, firm or corporation held available for inspection by any validity of the remaining portions
member, or representative of a hereof,
erect,establish or maintain an
5,1 The-applicant shall pay to the member of the Town Board for a •
nubile graveyard within the Township a license lee of Five Hun-
s of Baytown Township, dred Dollars(5500.00) at the time the period of at least five years. Section 12. Effective Date.
• lingtOn County, MinneSOta, n. Each acquisition shall be '
application is tiled, recorded in a permanent type register 12,1 This ordinance shall be in full:vt first obtaining a IICMSe afarkept on the business
from the Town Board,or its Section 6. Requirements, premises,giving
the• name and residence address of the force and a eco from and law. its
orated representative. publication according to •
person irons whom the acquisition was
6.1 The automobile graveyard shall
A junk dealer who operates more made, a description of the funk Enacted and ordained info an or.
conform to the following
one junkyard within the Town. requirements: acquired. and ch the date the tram. 1978. a this 11th day of September,.
shall be required to have a •
availableiSuch data shall be held 1170,
rata license in effect for each for inspection by any
I.
a. The automobile graveyard shall member Of the Town Board or a
conform foal!applicable provisions ofs/Anders P. Hansen
member's representative for a period
the Town Zoning Ordinance. of at least five years.
CHOP 3. Location of Junk Cars. l Anders P.Hansen. Chairman
* b. The site shall be well drained. * o. No junkyard shall be allowed to
i No person, firm or corporationproperty graded to insure prompt
drainage of surface and storm waters. become a nuisance: nor shall any Attest:
; locale more than one funk car mannerd be operated such a s/ Charlotte Kirby
•d! of an automobile graveyard and 10 insure freedom from stagnant manner as to become injurious to ane
'hien a license has been ranted pools of water. health, safety, or welfare of the
0Charlotte Kirby,Clerk
at the provisions of this ordinance, community or any residents CIor sort p, All signs Oi any nature or sort 10/20
used in Connection with automobile
graveyards shall be subject to the
ataShall
* PROVISIONS SELECTED FOR CONTINUANCE' tusse asal stendardss forof the adminoard istering
APPROVAL this sectIon the applicable standards
relating to signs in the Washington
County Zoning Ordinance in effect
when the application is made. •
1
EXHIBIT C - Township Ordinance
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!r•-•••,:-.410•
410•• Nrj•?",O'^.N' Aly
r • ~ Evening Gazette. May Is. 1979
ORDINANCE NO 17 '
• IAN •ORDINANCE AMENDING. •
ORDINANCE NO. '16,,.AN OR- "
DINANCE REGULATING THE
` :;. PARKING AND STORING OF JUNK
e•VEHICLES WITHIN BAYTOWN.
• ,:TOWNSHIP AND REGULATING ;_..
THE 'ESTABLISHMENT, MAIN•'
•'TENANCE. AND OPERATION OF •
AUTOMOBILE GRAVEYARDS
.
�•:. `: WITHIN THE TOWNSHIP
• t THE . TOWN OF • ISAYTOWN
'-TOWNSHIP:••.:'ORDAINS AS
r' FOLLOWS:
Section 1. Amending. Section S. • -
License Pee, of Ordinance No. 16 Is
hereby amended to read as follows: '
' "The applicant shalt pay to the
.Townships license fee of ttO.00 at the .• •
time the application Is filed." .
Section 6.Requirements,Subsectlen
I. Is hereby•amended to read as '
•
"�fdllows:
•
. • '. 'The automobile graveyard shalt' : •
•keep under control noxious weeds. • "
• subject to the instructions of the
.Township Weed Inspector." •
•
Sectton 6.Requirements.Subsection
'' It. shall be amended to read es
follows
..
.:••Gasoline shall be removed from' •
any scrapped engines or vehicles on. •
:'''the premises.•• •
Section S.Annual Ucense.is hereby • •
•
s - +amended,to read as follows:
"All automobile graveyards subject i`
• ••1.to this ordinance shall be licensed '
from and •after .June 1.. 1979. .
`•'' Thereafter.the operator shall pay an
" • -:-annual permit fee of 560.00 to the ••
•` Township Treasurer.:In addition to
•
:•the annual permit fee, the operator ,'
shall pay all!Ire bills that accrue to. ' .
y ;the automobile graveyard." • . • -
• :Section .4. Annual License. Sub..•
;Wien a.2.Is hereby repealed. .
"Sectlen 2.'In all "other ways. Or.: •
'•,;dlnanee No. 16 shall remain In full .
••force and effect �..• .
Section 2. 'Effective 'Dat. This
7:rdinance'shall be In hull force and
....::' ,.,`'.effect from and after:Its publication '
::ace riling,to law..,t•> c• •
• "':Enacted and ordained Into an or I'
• • `dinanee.'this•7th'day of May. 1979. .f
S/AndA
ets P. .r :. I •
Hansen
Anders P.Hansen,Chairman
.•. , {
•
• :Attest :r'
• S/Charlotte Kirby ...
••. • 'Charlotte Kirby.Clerk
•
Si1t1' •
A" .
•
•
•
EXHIBIT C-2 - Township Ordinance
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EXHIBIT E - Proposed Subdivision (sketch pian)
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EXHIBIT F - Elmer Haase Property
•
ID
Otto Cr.dones[roo PE. KerteA. James R.Malang PE, Thomas R,Amason.A.I.A.
Bonestroo Robert W.Rosen.PE. Richard W.Foster.P.E. Kennon P Anderton.P.E. Gary F.Rylander.PE.
- Joseph C.Anderak.P.E. Donald C.Sugg .FE. Mark R.Rolft PE. Mlles a Jensen.PE
Marvin L Sorvala FE. Jerry A 8otrksoru RE. Robert C.Rusttk AJ A L Phillip Grant r PE
Rosene Richard E.Arno..P.E. Mark A.Hanson.P.E. Thomas E.AngusP.E. Rene C.Ptu mart.A.I.A.
• James C.Olson.P.E. ted K.Field.FE. Howard A.Sanford.PE. Agnes M.Ring.AJC P
Anderf ik & Gam+R.Cook.P.E. Michael t Rai tmann.PE. Oatrd J.Edgerton.P.E. Jeny 0.Peruscn.FE.
Thomas E.Noyes.P.E. Robert R.Prerrelle PE Mark A Seip,FE. Cec o Olivier.PE
Associates Robert G.SC+wicht.P.E. David O.toslora.PE. Philp J.Caswell.FE. Chanes A.Ericson
Susan M.Elwin.C.P.A. Thomas W.Peterson.P.E. Ismael Marone;P.E. leo M.Pavony
Michael C.lynch.PE. Mark O.wart P.E. Harlan M.Olson
Engineers & Architects
•
1980
July 3, 1990
Mr. Curt Gutoske
Northwest_ Associated Consultants
4601 Excelsior Boulevard
Suite 410
Minneapolis, Minnesota 55416
Re: Hasse Minor Subdivision
• Oak Park Heights, MN
•
Our File No. 55
Dear Curt:
We have reviewed the sketch plan of a minor subdivision proposed by Mr. John
Hasse to separate a 10 acre parcel containing the Hasse Dismantling Center
. from the balance of Elmer Hasse property. This subdivision will not adversely
affect future utilities in the area or storm water drainage. However, your
land use concept plan properly shows a roadway from Oakgreen Avenue westerly
across this 10 acre. parcel. As a minimum this roadway could be located across
the northern edge of this parcel with the necessary roadway right of way
platted as a part of this subdivision. N.S.P. should be contacted to see if
they would allow a roadway in this location on their transmission easement.
The dividing of the *junk yard' from the balance of the property may limit the
City's ability in the future to impose conditions that will be appropriate as
plans for adjacent land uses are developed. We do not believe that it is in
the best interests of the City to allow the minor subdivision without
substantial additional development information.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK &ASSOCIATES, INC.
5oO. t..G�Cf�Gf.�Ki
sep C. Anderlik
JCA:dh •
•
•
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2335 West Highway 36 • EXHIBIT G - City Engineer's Review
•
L. Northwest Associated Consultants Inc .A u
' URBAN P L A N N I N G • D E S I G N • M A R K E T RESEARCH
MEMORANDUM
TO: Oak Park Heights Mayor and City Council
FROM: Curtis Gutoske
DATE: 5 July 1990
RE: . Oak Park Heights - Soderlund CUP Request
FILE NO: 798 . 02 - 90 . 10
At the request of Mr. John Low, property owner of the proposed
Soderlund CUP location, I have prepared a drawing of an
acceptable solution to the closing of the frontage road curb cut
and a parking lot layout for the area in front of the building.
This drawing is attached to this memo.
Mr. Low asked me to prepare this so he could be given a direction
to satisfy condition #2 of our 27 June 1990 planning report. If
Mr. Low were to implement such layout, we would find this to be
an acceptable resolution to this condition.
With regards to condition #3, this would also satisfy the.
required striping, and we would recommend the loading area be
provided and delineated along Olene Avenue. All of the above
improvements shall be illustrated on a certified property survey
to be submitted by the applicant and/or property owner.
Should you have any questions regarding this matter, please call.
cc: LaVonne Wilson
Lyle Eckberg
Mark Vierling
Mick Kaehler
Joe Anderlik
Richard Soderlund
John Low
4601 Excelsior Blvd.• Suite 410-Minneapolis, MN 55416• (612) 925-9420 • Fax 925-2721
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460Excelsior -Suite 410-Minneapolis, M
•
• •
4: CITY OF
-:-- OAK PARK HEIGHTS
` :;" 14168 -57th Street North -Box 2007
OAK PARK HEIGHTS, MINNESOTA 55082 •
. 439-4439
•
may - July 18, 1990 .
;47:•!...•---.'• TO:: Oak Park Heights City Council.
- FROM. Mick Kaehler, Building Official -
4, .
`: RE: Haase Auto Dismantling — Site Review
'"▪ . Oa. July 13, 1990, L made site review of Mr. Haasers Dismantling Center.- - -
• The City Council-requested.that I verify Mr.. Haase. s. compliance:"with -i,,'`
•. ;-� the eleven:'(.IL}.'items listed under Item #L -Use Continuation, Request, from: t ,;.
' •'NAC date& .Tuly 5,m,.-I990. - '"T 4 T.1:'1,-.„,,.,:,,,,,, •. .
_ =
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-."^'•• At the time of my inspection,. I found the center to° be,. for the most -" -
•
",,t1',,- Part,_:within reasonable c�Iianc of:
•
STATE OF MINNESOTA IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WAS!INGTON TENTH JUDICIAL DISTRICT
Court File No. C6-9S-2691
City of Oak Park Heights, a Case Type: 10/Other Civil
municipal corporation,
Plaintiff,
APIPTDAVIT OF
VS. LINDY SON
John Howard Haase, JCJ Land
Corporation, a municipal
corporation and Daniel P.
Stewart,
Defendant.
STATE OF MINNESOTA )
SS.
COUNTY OF WASHINGTON)
LINDY SWANSON, upon being first duly sworn on oath deposes and.
states that he the Chief of Police for the City of Oak Park Heights.
and has served in this Capacity since January 1, 1994.
That in addition thereto, your Affiant was a patrolman and
police officer with the City of Oak Park. Heights since 19 . That
during your Affiant's years of employment with the City of Oak Park
Heights, he has opportunity to become familiar with the John Haase
property.
That your Affiant is specifically familiar with the efforts
that have been made by the City of Oak Park Heights Police Dept.
throughout the past years to notify Mr. Haase of illegal automobile
sales along the frontage road of his property.
That your Affiant knows of his own knowledge that he and his
officers, over the years, have notified Mr. Haase of illegal
. . . •
automobile sales occurring on the front part of his property near
the frontage road and that periodically Mr. Haase would, over the
years, remove those automobiles when the police officers notified
him of the zoning code violation. That periodically after the
vehicles had been removed for a month or two and particularly
during the summer months, the vehicles would again, slowly re-
appear along the area of the frontage road adjacent to Mr. Haase' s
property until Mr. Haase would, once again, be warned by the
Officer' s to remove the vehicles.
FmRTH$R THAN THIS YOUR AFFIANT NOT.
N, ____4,__ _........ ux,, ,,,
L . - SON
Subscribed and ;L -rn to before me
this / • • of Sesind2 , 1995.
MARK J.V%ERLING
)01000
s' NOTARY PUBLIC-MINNESOTA
,' WASHINGTON COUNTY
My Comm.&pima Jan.31.2000
otary - :1s c wommoommwwwwwommowomm
coLL_,
STATE OF MINNESOTA IN DISTRICT COURT
(" VTT DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No. C6-95-2691
City of Oak Park Heights, a Case Type : 10/Other Civil
municipal corporation,
Plaintiff,
vs . INFORMATIONAL STATEMENT FORM
John Howard Haase, JCJ Land
Corporation, a municipal
corporation and Daniel P.
Stewart,
Defendants .
1 . All parties have been served with process .
2 . All parties have not joined in the filing of this form.
3 . Brief description of the case : Action for a Permanent Injunction to be
granted. No conditional use permit was ever applied for under the
ordinances of the City of Oak Park Heights .
4 . It is estimated that the discovery specified below can be completed
within -0- months from the date of this form. (Check all that apply,
and supply estimates where indicated. )
a) Interrogatories No X Yes
b) Document Requests No X Yes , estimated number
c) Factual Depositions No X Yes , estimated number
d) Medical Evaluations No X Yes , estimated number
e) Experts Subject to
Discovery No X Yes , estimated number
5 . Assignment as an X expedited standard complex case is
requested. (If not standard case assignment, include brief statement
setting forth the reason for the request . )
6 . The dates and deadlines specified below are suggested.
a) N/A Deadline for joining additional parties, whether by
amendment or third party practices .
b) N/A Deadline for bringing non-dispositive motions .
c) N/A Deadline for bringing dispositive motions .
d) N/A Deadline for (specify issue] to the Court .
e) N/A Deadline for completing independent physical examination
pursuant to Minn. R. Civ. P . 35 .
110
f) N/A Date for formal discovery conference pursuant to Minn. R.
Civ. P . 25 . 06
g) N/A Date for pre-trial conference pursuant to Minn. R. Civ.
P. 16 .
h) N/A Date for scheduling conference .
i) N/A Date for submission of a Joint Statement of the Case
pursuant to Minn. Gen. R. Prac. 112 .
j ) IMMEDIATELY Trial date.
k) N/A Deadline for filing (proposed instructions) , (verdicts) ,
(findings of fact) , (witness list) , (exhibit list) .
1) N/A Deadline for [specify]
7 . Estimated trial time: 1/2 , day (s) hour (s) (estimates less than
a day must be stated in hours) .
8 . A jury trial is : X waived by consent of [specify party]
pursuant to R. Civ. P. 38 . 02 .
requested by [specify party] .
(Note: Applicable fee must be enclosed. )
9 . Alternative dispute resolution is not recommended, in the form of
(specify e . g . , arbitration,
mediation) .
10 . Please list any additional information which might be helpful to the
court when scheduling this matter.
, Signed: /s/ Mark J. Vierling Signed:_
Mark J. Vierling
Attorney for Plaintiff Attorney for
Attorney Reg. #: 112823 Attorney Reg. # :
Firm: Eckberq, Lammers, Briggs, Firm:
Wolff & Vierling, P.L.L.P.
Address : 1835 Northwestern Avenue Address :
Stillwater, MN 55082
Telephone : (612) 439-2878 Telephone :
Date : November 15, 1995 Date :
110
STATE OF MINNESOTA � IN DISTRICT COURT
U CIVIL DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No . C6-95-2691
City of Oak Park Heights, a Case Type : 10/Other Civil
municipal corporation,
Plaintiff,
FINDINGS OF FACT
vs . AND ORDER FOR
TEMPORARY INJUNCTION
John Howard Haase, JCJ Land
Corporation, a municipal
corporation and Daniel P.
Stewart,
Defendant .
The above entitled matter came on before the undersigned Judge
of District Court at the Washington County Government Center, on
September 1, 1995 . Plaintiff was represented by Mark J. Vierling,
Esq. , Defendant, John Howard Haase was personally present and also
appeared on behalf of JCJ Land Corporation and was further
represented by Wayne D. Anderson, Esq. No appearance was made by
Daniel P. Stewart, Mr. Stewart' s attorney having notified the
Plaintiff prior to the time of hearing that they would not be
appearing in the matter and would default .
Based upon the Motion of the Plaintiff and all of the files,
records and proceedings herein, the Court herewith makes the
following:
FINDINGS OF FACT:
I .
That the Plaintiff, City of Oak Park Heights, is a Municipal
corporation existing under the laws of the State of Minnesota .
r S
II .
That Defendant, John Howard Haase, is a private individual who
is the owner of real property located within the City of Oak Park
Heights at 13795 North 60th Street, City of Oak Park Heights,
Washington County, Minnesota and the same being legally described
as is more fully set forth in Exhibit "A' annexed hereto and
incorporated by referenced herein. That Defendant, John Howard
Haase, is the founder and sole authorized agent of JCJ Land
Corporation.
III .
That Defendant, John Howard Haase operates an automobile sales
business on his property.
IV.
That Defendant, John Howard Haase, and/or others are
currently attempting to operate a retail automobile sales
business or other type of auto sales business on the front
portion of John Howard Haase' s property at it abuts 60th Street
within the City of Oak Park Heights .
V.
That prior to annexation to the City of Oak Park Heights, the
property of the Defendant, John Howard Haase, was located within
Baytown Township, Washington County, Minnesota and said Defendant
had been given a permit (Exhibit "B" ) from Baytown Township to
operate an automobile dismantling center to be contained wholly
within the existing fenced area of property.
VI .
2
111
That the automobile sales business now being operated by
John Howard Haase, JCJ Land Corporation, Daniel P. Stewart and/or
others is currently contained outside of the fenced area otherwise
as set forth within the permit of Baytown Township dated July 2 ,
1979, a true and correct copy of which is annexed hereto as Exhibit
"B" and incorporated by reference herein.
VII .
That the property of the Defendant, John Howard Haase, is
currently zoned as "B-2 within the provisions of Chapter 401,
Section 401 . 11 of the Code of Ordinances of the City of Oak Park
Heights .
VIII .
That pursuant to Section 401 . 11 of the Code of Ordinances of
the City of Oak Park Heights, outdoor storage as an accessory use
which would be compatible with used car sales on an open lot is
permissible only by way of conditional use permit . That the
operation of Defendant' s used car lot or retail sale of used cars
or other similarly related business will require conditional use
permit before it is allowed.
IX.
That pursuant to the provisions of the Code of Ordinances of
the City of Oak Park Heights as is set forth in Chapter 401 at
Section 401 . 03 , the City of Oak Park Heights will recognize and
honor the preexisting permit issued to Defendant, John Howard
Haase, by Baytown Township which allows him to operate within the
fenced area on his property an auto dismantling center.
3
411
Specifically, Chapter 401 at Section 401 . 03 of the Code of
Ordinances of the City of Oak Park Heights reads as follows :
"401 . 03A. 2 . Any structure or use lawfully existing upon
the effective date of this ordinance shall not be
enlarged, but may be continued at the size and in the
manner operation existing upon such date except as is
hereinafter specified or, subsequently amended. "
X.
That the aforementioned Sections of the City Code of the City
of Oak Park Heights were in affect prior to the annexation of
Defendant' s, John Howard Haase' s, lands to the City of Oak Park
Heights from Baytown Township.
XI .
That the current use existing on the frontage road portions
of Defendants' property near 60th Street entailing the offering
to the public of sale of used motor vehicles by John Howard Haase
or others on a retail/consignment or other basis is currently an
illegal and/or unauthorized use under the Ordinances of the City
of Oak Park Heights .
XII .
That Defendant has not applied for nor obtained from the
City of Oak Park Heights a conditional use permit which is
required to operate an open lot car sales business or related
use.
XIII .
That neither John Howard Haase, JCJ Land Corporation, Daniel
P. Stewart or any other individual has obtained the appropriate
permits by the City of Oak Park Heights that would otherwise
4
410
entitle them to operate a used car sales business on that site .
XIV.
The Defendants claim that he qualifies as a pre-existing
non-conforming use under the provisions of Section 401 . 03 A (14)
of the Ordinances of the City of Oak Park Heights dealing with
newly annexed territories is without merit . The area in which
the Defendant operates his business has long since been rezoned
by the City of Oak Park Heights from Open Space Conservation
District to a Business Zone which permits his use if he obtains a
Conditional Use Permit . The provisions of the Ordinance that the
Defendants cites for authority clearly provides
"In no event shall such use continue as a
non-conforming use when the annexed territory
has been rezoned from Open Space Conservation
District to which it was assigned upon
annexation to the City of Oak Park Heights
pursuant to Section 401 . 04 C. "
XV.
That the Defendant has the burden of proof to demonstrate
that he qualifies as a pre-existing non-conforming use under the
terms and provisions of the City of Oak Park Heights Ordinances
and to do so would have to demonstrate that he had a permit to
operate open car lot sales from the Township of Baytown outside
of the fenced area upon his property.
XVI .
That the Defendant has failed to produce any permit from
Baytown Township that would so authorize him to operate such a
business .
XVII .
5
• 411
The Defendants claim that the City of Oak Park Heights had
previously granted him a permit to conduct outdoor/open lot sales
in 1990 is also without merit . Defendants supplied no credible
proof that such permit was ever granted by the City of Oak Park
Heights and the terms and provisions of the Ordinance set forth
in Section 401 . 03 A (14) specifically requires him to apply for a
Conditional Use Permit inasmuch as his property has been re-zoned
from the Open Space Conservation District to the 3-2 zone .
XVIII .
The Court specifically continued this matter from the time
of the Plaintiff' s initial Motion so as to afford the Defendants
the opportunity to apply for a Conditional Use Permit with the
City of Oak Park Heights which they declined to do.
XIX.
There appears little likelihood of any harm to the Defendant
should the temporary injunction be granted.
XX.
It appears to the Court that the Plaintiff has a likelihood
of success on the merits of its case and given the policy of the
zoning ordinances of the City of Oak Park Heights which require
that the Defendant apply for and obtain a Conditional Use Permit,
it appears that the City has a justifiable public interest in
securing Defendant' s compliance with the zoning ordinances in
applying for and obtaining a Conditional Use Permit before he
will be allowed to operate open lot car sales upon the property.
6
S
BASED UPON THE FOREGOING FINDINGS OF FACT, THE COURT
HEREWITH ISSUES THE FOLLOWING:
ORDER
1 . That the Defendants, John Howard Haase, JCJ Land
Corporation, Daniel P. Stewart and their officers, agents and/or
assigns are hereby enjoined and restrained from offering for sale
any new or used automobiles on consignment basis or otherwise
from the area of the Defendants' property located outside of the
existing fenced dismantling yard, until such time as the
Defendants either individually or jointly have applied for and
obtained from the City of Oak Park Heights, the necessary permits
to operate such a business upon the property.
2 . That pursuant to the provisions of Minn. Stat . §574 . 18,
that this Temporary Restraining Order and Injunction shall issue
without bond.
Dated this day of November, 1995 .
BY THE COURT:
Kenneth J. Maas, Jr.
Judge of District Court
7
• •
EXHIBIT A
JOHN HOWARD HAASE - LEGAL DESCRIPTION
All that part of the North Half of the Northeast Quarter of
Section 5 , Township 29 North, Range 20 West, Washington County,
Minnesota, described as follows:
Beginning at the northwest corner of the East 1093 .00 feet of
said North Half of the Northeast Quarter, as measured at a right
angle to the east line of said North Half of the Northeast Quarter;
thence south 01 degrees 52 minutes 14 seconds East, assumed
bearing, along the westerly line thereof, a distance of 633 . 04
feet; thence South 89 degrees 51 minutes 37 seconds East 80 .05 feet
to the west line of the East 1013 . 00 feet of said North Half of the
Northeast Quarter, as measured at a right angle to said east line
• and a point hereinafter referred to as Point "A" ; thence South 01
degrees 52 minutes 14 seconds East along said westerly line a
distance of 226.10 feet; thence South 89 degrees 42 minutes 13
seconds West 49 .31 feet; thence South 01 degrees 52 minutes 08
seconds East 363 . 61 feet to the southerly line of said North Half
of the Northeast Quarter; thence South 89 degrees 42 minutes 13
seconds West along said southerly line 609 . 66 feet; thence North 01
degrees 52 minutes 08 seconds West 594 .73 feet to a point
hereinafter referred to as Point "9" which bears North 89 degrees
51 minutes 37 seconds West from the before mentioned Point "A" ;
thence South 89 degrees 51 minutes 37 seconds East along a line,
hereinafter referred to as line "AB" , for 479 .01 feet to the
intersection with the westerly line of the east 1193 .00 feet of
said North Half of the Northeast Quarter; thence North 01 degrees
52 minutes 14 seconds West 633 .29 feet to the northerly line of
said Ngrth Half of the Northeast Quarter; thence South 89 degrees
43 minutes 00 seconds East along said northerly line a distance of
100 . 07 feet to the point of beginning.
The above described parcel contains 10 . 0 acres, more or less .
PAV lav
t
• es, Number
Fee Paid 1.60-00
Dote Filed July 22. 1979
PLANNING ADMINISTRATIVE FORM
Street Location of Property: 1E2/Y•_60th st.,
Legal Description of Property: v of NE sectionjy T _g91_ w_�
Owner: Name Elmsr Haase N_N__ __
Address 7676 Hudson 31Td. , Lake i1 c, Mn. phone: _
Applicant (if other than owner): Name John Haase - Auto Qiseantling,Senter
Address t Dr Ns 60th st. Phone: 4.'2-6466 _
Type of Request: ___ Rezoning ___ Approval of Preliminary Plat
Special Use Permit ___ Approval of Final Plat
___ Variance
Description of Request: Ocerstion of Auto Dismantling,Center within
ezist1.n fenced area.
Signature of Applicant: _______
{ • Date of Public Hearing: ______ _ _ _
NOTE:'Sketch of proposed property and structure to be drawn an back of this form or at_
tached,•showing the following:
1. North direction.
2. Location of proposed structure on Iot.
3. Dimensions of front and side set-backs. •
4. Dimensions of proposed structure.
5. Street names.•
6. Location of adjacent existing buildings.
7. Other information as may be requested.
Approved ___ Denied ___ by the Planning Commission on — date)
subject to the following conditions:
• Approved _z_ Denied ___ by the Council on Merch 1s?2Z___ subject to the
following conditions: Compliance with 3ajtown lownahin Ordinances No. 16 and
17. snd anoronriate State and County r viations.
Comments: (Use other side) per^it se reviewed for re^exal in June, 1980.
/
, PAGE SIX
Sian
a. Aao$lca Mons. C. JIM, Ars a Seos *Mu .n
,hetes!: wad, n dutOmOO,.e Section t. Fires,
•
livening Gavotte. Oct. Sp. It?e 4.5 No aerm,f for an auiemoosle greveraros wn,Ctl are aoeouarety
grevoveva snail be issued tsy me Town Screened. -Adequate Screen+ 1.1 NO tires snarl 0! ]Kmrlfed
req•' as within the autOTObtle gra
ORDINANCE NO. is board unless ane until me oersOn sled hereunder snail be deemed to
r reauestinq same snail first make mean a sold fence of as least e'gnt IS/ lxtepl within Orin:Mated burners. .VO
AN ORDINANCE REGULATING apoftalfan re me town board ora feel in neignr surrounding me burn'ngoe autornooties or accessories
snail suon"rn rew.ih d.i intormai,anshall be*ermined.P4RKING ANO STORING OF .tuiameone Jrrea vrvarO ane con
JUNK VEHICLES WITHIN and data neve•natter specified. The urvefed w,iii rnreefourtn I3/Ai ;nen
bA YTOW N TOWNSHIP AN 0 application snail 0e.n writing.signed cameothree (3l 3o derosa lumoer Seetlen L Annual License.
RIOU LAT1NG THE ESTAELIS$. sr me acoticant and snail include the a an eouivalens or nester grade St
1.1 On or before January :Oen Of
MINT. MAINTENANCE AN following: !Umber Or other tering nearer,al, each year fdlow.nq me relit six (i)
OPERATION OP AUTOMOBILE d. The aoolicanr shall provide a so. month Perro0 that a ]ermrt has SeenGRAVEYARDS WITHIN THE a. Name. residence address. aro Called"Sutter Zone"of not fess man
TOWNSHIP lefeonene numoer of each individual thirty(30l fees in width.which butter in fere, under ails ordinance. he
owner.partner.or.i1 a t9rpOration Orostratox Snell sac an annual derma
:one snail surround me Oer,meter of let t0 me Tawnsni0 Treasurer SYC,
114E TOWN bOAR0 OF artier organiUrfon. each officer and me ausomoeile graveyard and shall be tee shall se Five Humored Oolars
OAYTOWN TOWNSHIP ORDAINS *rte' IandSCaoed with me olamine os a0• (3300.001 per year.
AS FOLLOWS: b. Trade names used during :he preoriase ''rags and/Or sod and
'reviews aave years by the aoosieant fafv00trY waits snail be maintained
and leen person signing the a0. 3.2 All auromtoile graveyards
Seed*, I. Oeflniflens, and keit T the owners and/or esfablisneet prior to fie a000fion or
alkalies. along wilt, the locations of gators Of the said automobile
'clot estaoisnments, rola orOMant! Shall be fWICCJ '0
1.1 "June Car' as used in mis or• arayevaro in m
a areseaeie ao• aversion at thee orofnanCe dna snail
G flames and addresses of !m•
dnanc,well be deemed to mean any ]earence. par me license fees rewire) in MOS
meter venicte winos for a period Of d p ]!r von signing .'Mt e.he license+slued Snail be mainlyinly section commencing January. 1919.
aoricatlon dururi tin flue
ng previous
. three (30) days or more: emir'. displayed on the business oretmtseS.
el The trade name and address of I. The graveyard. together with Sieriea t. air eea1en of License.
a. ii not in coracle condition: Thins kept merlin, snail at all times
b. IS oaMally dismantled: felt BIIs11M3s On bend Of w,nittn ao, be maintained in a sanitary conattlan,
*leaden is made and its telegtdne f 1 failure to comely with au
G IS used for sale Of darts or as anun+eer. if assigned.
9. Me Sneer rat covered r the prnerhanso this orphan,or wins all
source of repair or reoacement e.Thename,residence address,and license snail be used in the licensed or any provisions of any Special
birth ter Other vehicles: teeeohpne numeer at facie arson
nature iMOOfed Voce tin aelomoeile
O. Is kept for $Cra0Cing. Oilman• mtsblored or infalfsdld to b,etno0yed S.NO Wetee Shall be allowed fo stand gravwafa or Me *aerator by the
• Innor salvage of any kind: or M th
Mme business as of the time e in any plate do the premises in such a teterms d such permit snail be cause
g,
, is not ord'erl'y licensed for aoblitatlen is filed. - manner as to afford a*reeding place for the Town 3oarts to peyote
operation within the Slate of Min. f, Enact address or location of Mie for me0uiloes. Ilse permSledge
t.I
11
nesba. dace vinery the arsinesed
is or is 1.Wes and other vegetation on the Sledge , Perisides.
'l00esed to be carried on. plus a prellslles.,mel than frees and Pintos. 14.1 Aly*wean.a<persons.Wm et
11 "Autetnobile Graveyard** as deem of the actual premises to be snail be kept at a natant of not more corporation �anviolating any h rhe
used In nits°refinancesnail be deemed used in Connection with me Business. than leaf inCftes.
to mean any site. lot,field or tract of giving distances in tett and snowing j.NO garbage or 01hK waste liable previsions fit this*reigne sail be
land roan which ewe or mare junk aditsininq MOM, property lines, to give oil a foul odor or attract ver. guilty d a misdemeener. and loon
aufOmopiles are dept dna snail include buildings and ugA. min snail be keds an Me premises:nor Conviction merest snail be putnsneo�a fine net to exceed 11100.00 or sv
any building. structure or enclosure g. A description of the materials snail any refuse of any kind be knot On imprisoe net for not to exceed ninety
used or intended for use as ear?of the with which any buildings to be used in the premises.
leYibment of such automobile aa1N1eCt10n with Me licensed business IL Gasoline and oil shill be removed (901 Oars for each ONIMe. Each
•,, yaveyaresoC�tve ten(101 day period mat tee
art,dr are to of made.a 3kenap!giving !tern any scraooea engines or vehicles deiaden is permitted to exist after me
• distances.1.="Motor vehicle'•fOr the cargos* such buildings an he oMe location
i mess of os Me The livens.
1. premises.
shah permit in. belt OW Of me violation heYeIMeder
Of mis ordinance snail nave the cnemises: and a diagram or plan midden of the Business premises Se tad cristttute a seeartfe Offense
meaning escritoire in Minnesota giving distances and heights.3nawinghereunder.
eny memoir or represMfative * a
Statutes 19ai.Section 161.011.Sued.4. floors. exits, entrances. wiedpwl. member of the Town board at any
Section 11.SeyeraaiN/y.
ventilatorand wails. reasonaole time.
s.
• i.4 "Mater Vihielt Pali" for the R SUM, *her information as the in. No junkdealer licensed
purooee of rites ordinance. "Part or Town board Shall find reasonablytt.1 If any Sends,ction. subsection.
0.
Plus ot,labtbr v,hiclts"fall include agent lair or his employee a or his mea ,da1pe,ter
r sorban or
tsemlilry to erecmWte me purposes agent Mall 'uloids,Or receive any ma preysance is env reason need
any part accessory. attacllmeef. or of Iniaordlnance and to arrive at a fair laid for use ill the licensed brainiestany
f>Ifec*ei,eoiofMtnt Common*used on determination at woollier the terms of itfealld or u stere jurisdiction.
n. UOS
er isconnectfon with a maw veneer,. Holli M19 rses inter mt age of �*al hallcwnbeenf ivfisda SeV MCA
fives ordinance Haut been ceernattled aignitell years with*yf the written• portion snail deemed a separate.
with. consent at a Ogren, or guardian of distinct and independent provision
' Sodden 2. Ucense Rewired. midi pinion. Such writing shall be
Section L License Pee. and sly he eg snail not affect the
L1 Ne person. firm or cortleratian lee/d aveilaor for es0attlen by any venldihr *► me remaining portions
w shall erect, establish or maintain anmachoei er i•epboar• of a ,
S 1 The aoolicanr fall May to me nnNmeer of the Town blare for a
aiitelMeelle graveyard within the Tewnenid a Ikense fee of give Hun. 'price ol at flail five years, i SNOW*2 Effective Vett.
limits of .bavtewn Township. deed Cellar,(5500.0 ) at the line nee n. Sean acavisifien shall be
Wasningten •County, Minnesota. aopl1c$ilon is flied. recorded ina permanent type register 11.1 This erdlnanet sail be in lull
antheue tint obtaining a license
fhe'n ter from else Town board,or in kept on rhe business ce ad nes.giving fixe! and effect Iretw and alter its
• Sedlem L Reaeirements. thenameandresidenceaddressof the puelleatlen ac oraing to lain.
aulti riled reorelentatfve. Warn s from whom the acauisi f Ion was
6.1 The aut/merle graveyard shall made. a des:rlotion al the junto Enacted and ordained into an or•
LOA funk dealer win operates more canteen, :o the following acouired, and the date of the tran.
Man one junkyard within the Town. reg iremenn: alnafnte tins Ilm day of SeblemOK.
snip shall be reeuired to have a section.avalSaar data tall be heed 19}1.
separate license in effect for each member
fortinspection by any
The aut0enO0ile graveyard snarl nnnafnber of the Town bogie or 1 Si Aiders P. Hansen
yard. Conform to all ao:licaote orovisions of memoirs representative for a period
Me Town Zoning Ordinance. eat least five years. Andes P. Hamel. C.la.rman
Saetfen 3. Location of Junk Gil. 0. The site snail be well drained.
a NO junkyard shall be allowed to
Z1 NO plfson. firm or Ctxporatlon preoerly graded to insure prompt become a nuisance: nor shall any Attest:
locate morethan one funk car drainage*surface and storm waters. junkyard be *Derated in such a li Charlotte Kirby
snail
and to insure freedom from stagnant manner as to become injurious to the
ouxslde of an aulOmOoife graveyard ]odes Of water.
for.vnicl a license has been granted comm. safety. Or welfare of th! Charlotte )(Irby. Cleft
under me brow is ions of 11503 ordinance. CA, All cc any anyresnatureR close ort IO/-c
a. All signs of or sort
used in connection with autom00tie
graveyards snail 0e subject b inn
approval of til.Town board woo snail
use as standards for administering
:his section the aopticaele siandarOs
relating to signs :n :he 'Nasn.ngron
County ,',on.ng Ordinance n effect
«nen me 1OO,iC3f,on ,1 made.
- - -
r , • $0 • r.
.
1 • •
•
Emote. Gazarre. Mae IS. 1•27,
Ili •
- ORDINANCE MO.17 • . • •
AN ORDINANCE AMENOING
ORDINANCE NO. II. AN OR-
2ECULATING nid
PARKING AND STORING OF JUNK
vemict.ss WITHIN BAYTOWN
TOWNSHIP AND REGULATING
THE ESTAIILISHAIENT. MAIN.
TENANct. AND OPERATION OF
AUTOMOSILE GRAVEYARDS
WITHIN THE TOWNSHIP
THE TOWN OF SAYTOWN
TOW SISH I P ORDAINS AS
FOLLOWS: •
Sealed 1. Amondling. Smtlopi S. •
Llama* Fre.or Ordinance Ha IA is
heresy amended to read as lad :
"The aeolicarn snail sae IS
Tanya a Pena tam 10.21 at in.
•
.• MR,the aosincattan Is Med."
Swamis it.Reaelrnams.Selloseedon
•
1.
is heresy amended * read as
follows:
"rho ataterneoile grayirrartt snail
• keels ender antral maims weeds.
• suoieet to in. Instructions at the Tomah*Weed Isoclor
Sect**a. sitairenseals.Solsotettan
P. shalt by amassed M read as
itsittrars:
"Gasoline shall be renewed trent
any Maroond engines err v./tildes es
the premises."
•
Section a.Annual Uminsap.Is seedy
iiianded te read es fellows:
'Ma aolatneelle graveyards stake
to Ittis erolnitnee shell be license! •
trom and atter June I. Me.
Thereafter,:Tie operator Mail pm an
anneal permit lee et Si0.00 to tho
Terandolo TreeSiorer. In estillIon to
Itte annual permit ter. the otherator
Molt Bay an tire bins that accrue is
that etvlans.int.graveyard.'
Sienna S. Amaral Lieu.... Sada.
• awns.1.2.is*welly resteilled.
Yawned 2. In MI enter ways. Or.
alltante Me. IA lad remain is AIN
wee aft oleo.
•
Swami 3. Itffecilva O.M. This
ardlisanco shall be in ton farm anti
*Mat trans and atter Its ots0licanatt
accareliso to talc• •
En•ctua and entainast Into an or.
how*.fhb/In day et May.
V Anders P. Hansen •
•
Adders P.Marvin. Otairman •
• Attest: •
V Charlotte Kirvy
°WWI, Kirtry.Oen
•
• sns'
•
•
•
LAW OFFICES OF \.,
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG (612) 439-2878
JAMES F. LAMMERS FAX (612) 439-2923
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
SUSAN D. OLSON August 21, 1995
MR JOHN H HAASE
13795 NORTH 60TH STREET
STILLWATER MN 55082
MR CARL A BLOND IN
ATTORNEY AT LAW
SUITE 204
7475 N 15TH STREET
OAKDALE MN 55128
RE: City of Oak Park Heights vs . John Howard Haase, et al
Court File No. C6-95-2691
Dear Mr. Haase and Mr. Blondin:
Enclosed herewith and served uponyou byU. S . Mail please
P
find Amended Summons and Amended Complaint, in regards to the
above-referenced matter.
Yours very truly,
/ !
Mark J. Vierling
MJV/smp
Enclosures
cc: Mr. Michael J. Robertson �'`
S
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG (612) 439-2878
JAMES F. LAMMERS FAX (612) 439-2923
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J.VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J.WEIDNER
SUSAN D. OLSON
August 1, 1995
MR MICHAEL J ROBERTSON
CITY ADMINISTRATOR
CITY OF OAK PARK HEIGHTS
P 0 BOX 2007
14168 57TH STREET NORTH
OAK PARK HEIGHTS MN 55082
RE: City of Oak Park Heights vs .
John Howard Haase, et al
Court File No. C6-95-2691
Dear Mike:
, Enclosed herewith for your information and files please find
a copy of the Order which was signed by Judge Maas and e !.tared on
July 26, 1995 in regards to the above-referenced matter.
If you have any questions or concerns regarding this, please
feel free to contact my office.
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
. • 110
MARK J VIERLING
1835 NORTHWESTERN AVE
STILLWATER MN 55082 STATE OF MINNESOTA
County of Washington
Stillwater , Minnesota
Tenth Judicial District
NOTICE OF FILING O F ORDER
In Re: OAK PARK HEIGHTS
vs . JOHN HOWARD HAASE KJM
Case Number: 82—C6-95-002691
You are hereby notified on this date , an order
was filed on the above—entitled matter.
Marie Sunlitis, Court Administrator
By JLM
Dated: July 26, 1995 Deputy
_: • WASHINGTON
DISTRICT COURT COUNTY F
STATE OF MINNESOTA I JUL 2 6 1995 L IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WASHINGTON MAME SOW IS TENTH JUDICIAL DISTRICT
® COURTI AATOR
-e"--��w rt File No. C6-95-2691
City of Oak Park Heights, a Case Type : 10/Other Civil
municipal corporation,
Plaintiff,
vs .
ORDER
John Howard Haase and
Daniel P . Stewart,
Defendants .
The above entitled matter came on for hearing upon on Plaintiff s
Motion for a Temporary Injunction on July 24, 1995 at 9 : 00 o' clock
a.m. before the Honorable Kenneth J. Maas at the Washington County
Government Center, 14900 61st Street North, Stillwater, MN 55082 .
The Plaintiff was represented in Court by its attorney, Gregory G.
Galler, Esq. , Stillwater, Minnesota, and the Defendant, John H.
Haase, was personally present in Court pro se and the Defendant,
Daniel P. Stewart was personally present in Court and represented
by his attorney, Carl A. Blondin, Esq. , Oakdale, Minnesota.
A review of the record herein shows that the Defendant, John
H. Haase was served with a copy of the Summons and Complaint on
June 14, 1995 as of this date, Mr. Haase has not yet filed an
Answer to the Complaint . Additionally, Mr. Haase has not filed any
responsive Affidavits or other documents to oppose the Plaintiff' s
Motion as per Rule 115 of the Rules of General Practice in the
District Courts . Nonetheless, Mr. Haase indicated to the Court
that he believed that he had sufficient information available to
4 4110
him to show that the automobile sales uses On his property were
valid non-conforming uses .
NOW, THEREFORE, based upon all of the, files, records and
proceedings herein, this Court makes the foll'pwing Order:
1 . That this Motion Hearing is hereby continued until
September 1, 1995 at 9 :00 o' clock a.m. , at that time an Evidentiary
Hearing shall be conducted and this Court hereby sets aside a 3
hour block of time in order to hear testimony and receive evidence
relative to the merits of the Plaintiff' s Motion.
2 . The Defendant, John H. Haase, shall serve and file a
written Answer to the Plaintiff' s Summons and Complaint at or
before the September 1, 1995 hearing.
IT IS SO ORDERED.
Date 7A4/40.-
4 /T((
Kenn J. Maas
Judge of D' strict Court
III
a) 0 y 4"
STATE OF MINNESOTA IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No. C6-95-2691
City of Oak Park Heights, a Case Type : 10/Other Civil
municipal corporation,
Plaintiff,
vs. I ORDER
John Howard Haase and
Daniel P. Stewart,
Defendants .
The above entitled matter came on for hearing upon Plaintiff' s
Motion for a Temporary Injunction on July 24, 1995 at 9 : 00 o' clock
a.m. before the Honorable Kenneth J. Maas at the Washington County
Government Center, 14900 61st Street North, Stillwater, MN 55082 .
The Plaintiff was represented in Court by its attorney, Gregory G.
Galler, Esq. , Stillwater, Minnesota, and th Defendant, John H.
Haase, was personally present in Court pro e and the Defendant,
Daniel P. Stewart was personally present in ourt and represented
by his attorney, Carl A. Blondin, Esq. , Oakdale, Minnesota.
A review of the record herein shows that the Defendant, John
H. Haase was served with a copy of the Sumnkons and Complaint on
June 14 , 1995 as of this date, Mr. Haase has not yet filed an
Answer to the Complaint . Additionally, Mr. Haase has not filed any
responsive Affidavits or other documents to Oppose the Plaintiff' s
Motion as per Rule 115 of the Rules of General Practice in the
District Courts . Nonetheless, Mr. Haase indicated to the Court
that he believed that he had sufficient inf rmation available to
S1111
him to show that the automobile sales uses on his property were
valid non-conforming uses .
NOW, THEREFORE, based upon all of the files, records and
proceedings herein, this Court makes the following Order:
1 . That this Motion Hearing is herllby continued until
September 1, 1995 at 9 : 00 o'clock a.m. , at that time an Evidentiary
Hearing shall be conducted and this Court hereby sets aside a 3
hour block of time in order to hear testimony and receive evidence
relative to the merits of the Plaintiff' s Motion.
2 . The Defendant, John H. Haase, shall serve and file a
written Answer to the Plaintiff' s Summons and Complaint at or
before the September 1, 1995 hearing.
IT IS SO ORDERED.
Date
Kenneth J. Maas
Judge of District Court
• 411 (C: (I)V PY7
STATE OF MINNESOTA IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WASHINGTON TENH JUDICIAL DISTRICT
Court File No.
City of Oak Park Heights, a Case ype : 10/Other Civil
municipal corporation,
Plaintiff,
vs . LADED SUMMONS
John Howard Haase and
Daniel P. Stewart,
Defendant .
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEF NDANT:
YOU ARE HEREBY SUMMONED and requ. red to answer the
Complaint of the Plaintiff (s) in the above-entitled action, a copy
of which is hereto attached and herewith se ed upon you, and to
serve a copy of Answer to said Complaint on the subscribers at
their offices in the City of Stillwater, Co my of Washington,
State of Minnesota, within twenty (20) days after the service of
this Summons upon you, exclusive of the date of such service . If
you fail to serve your Answer to said Complaint within the time
aforesaid, the Plaintiff (s) in this action will take judgment
against you for relief demanded in the Compla�nt:�
Dated this /G day of July, Y995 .
ECKBERG,/LAMME". , BRIGGS, WOLFF
& VIERLING - .I,.L.P.
Mark J. Vierlin'
Attorneys for P aintiff
1835 Northwestern Avenue
Stillwater, MN %5082
(612) 439-2878
Attorney I .D. 1 2823
•
STATE OF MINNESOTA IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court ile No.
City of Oak Park Heights, a Case Type : 10/Other Civil
municipal corporation,
Plaintiff,
AMENDED
vs . COMPLAINT
John Howard Haase and
Daniel P. Stewart,
Defendant .
Comes Now, Plaintiff, City of Oak Park Heights, a Municipal
corporation duly organized under the laws of the State of
Minnesota, who for its cause of action states and alleges as
follows :
I. •
That the Plaintiff, City of Oak Park Heights, is a Municipal
corporation existing under the laws of the St?Zte of Minnesota.
II.
That Defendant, John Howard Haase, is a private individual who
is the owner of real property located within the City of Oak Park
Heights at 13795 North 60th Street, City of Oak Park Heights,
Washington County, Minnesota and the same being legally described
as is more fully set forth in Exhibit "Al' annexed hereto and
incorporated by referenced herein.
III .
That Defendant, John Howard Haase operate an automobile sales
business on his property.
i
Iv.
That Defendant, John Howard Haase, and/o',r others are
currently attempting to operate a retail automobile sales
business or other type of auto sales business on the front
portion of John Howard Haase' s property at it abuts 60th Street
within the City of Oak Park Heights .
V.
That prior to annexation to the City of Oak Park Heights, the
property of the Defendant, John Howard Haase al was located within
Baytown Township, Washington County, Minnesot: and said Defendant
had been given a permit (Exhibit "B") from Baytown Township to
operate an automobile dismantling center to be contained wholly
within the existing fenced area of property.
VI .
That the automobile sales business nov being operated by
John Howard Haase, and/or others is currently ontained outside of
the fenced area otherwise as set forth within the permit of Baytown
Township dated July 2, 1979, a true and correct copy of which is
annexed hereto as Exhibit "B" and incorporated by reference herein.
VII.
That the property of the Defendant, John Howard Haase, is
currently zoned as "B-211 within the provisions of Chapter 4,
Section 401 . 11 of the Code of Ordinances of the City of Oak Park
Heights .
VIII.
That pursuant to Section 401. 11 of the Cdde of Ordinances of
the City of Oak Park Heights, outdoor storage as an accessory use
III11
l
which would be compatible with used car salies on an open lot is
permissible only by way of conditional use permit . That the
operation of Defendant' s used car lot or retail sale of used cars
or other similarly related business will require conditional use
permit before it is allowed.
IX.
That pursuant to the provisions of the City Code 'of the City
of Oak Park Heights as is set forth in Chapter 401 at Section
401 . 03 , the City of Oak Park Heights will recognize and honor the
preexisting permit issued to Defendant, Jo n Howard Haase, by
Baytown Township which allows him to operate w' thin the fenced area
on his property an auto dismantling center. •pecifically, Chapter
401 at Section 401. 03 of the Code of Ordinanc -s of the City of Oak
Park Heights reads as follows:
"401 . 03A.2 . Any structure or use lawful y existing upon
the effective date of thisordinance shall not be
enlarged, but may be continued at the ize and in the
manner operation existing upon such da a except as is
hereinafter specified or, subsequently aknended. "
X.
That the aforementioned Sections of the City Code of the City
of Oak Park Heights were in affect prior of the annexation of
Defendant' s, John Howard Haase' s, lands to the City of Oak Park
Heights from Baytown Township.
XI .
That the current use existing on the froitage road portions
of Defendant' s, John Howard Haase' s, propertylnear 60th Street
entailing the offering to the public of sale f used motor
3
111
vehicles by John Howard Haase or others on alllretail/consignment
or other basis is currently an illegal and/or unauthorized use
under the Ordinances of the City of Oak Park Heights.
XII .
That Defendant has not applied for nor obtained from the
City of Oak Park Heights a conditional use permit which is
required to operate an open lot car sales business or related
use.
XIII .
That on information and belief, Daniel . Stewart or others
acting on his behalf, are in possession of p perty owned by John
Howard Haase and are operating a used car sal s business at that
location.
XIV.
That neither John Howard Haase, Daniel P. Stewart or any
other individual has obtained the appropriate permits by the City
of Oak Park Heights that would otherwise entitle them to operate
a used car sales business on that site.
WHEREFORE, Plaintiff prays for judgment against the
Defendants as follows:
1 . Permanently enjoining and restraining Defendant and his
permitees or other agents, employees or persons acting on his
behalf from offering for sale new or used automobiles on a
consignment or other basis from any area of Defendant' s property
until such time as Defendant applied for and c}btained from the
City of Oak Park Heights the necessary conditiional use permits to
4
operate such a business upon the property of Defendant .
2 . For such other and further relief s to the Court may
deem just and equitable in the premises .
Dated this /o day of , 1995 .
ECKBERG, , BRIGGS, WOLFF
& VIERLING; . .L.P.
Mark J. Vierling
Attorneys for Plaintiff
City of Oak Park Heights
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
Attorney I .D. 112823
it
ACKNOWLEDGEMENT
Pursuant to Minn. Stat . §549.21, the par y or parties
represented by the undersigned attorneys ackn wledge (s) that
costs, disbursements, and reasonable attorney and witness fees
may be awarded to the opposing party or parti s for actions in
bad faith; the assertion of a claim or a defe se that is
frivolous and that is costly to the other par y; the assertion of
an unfounded position solely to delay the ord nary course of the
proceedings or to harass; or the commission o a fraud upon the
Court.
Dated this /3 day of �,.� , 1995 .
ECKBERG, LAMME—. :RIGGS, WOLFF
& VIERLIN ' . I . !P.
Mark J. Vierlin
Attorneys for P aintiff
City of Oak Pak Heights
1835 Northwestein Avenue
Stillwater, MN 5082
(612) 439-2878
Attorney I .D. 1 2823
5
EXHIBIT A
JOHN HOWARD HAASE - LEGAL DES IPTION
All that part of the North Half of the Northeast Quarter of
Section 5, Township 29 North, Range 20 West, Washington County,
Minnesota, described as follows :
Beginning at the northwest corner of the East 1093 .00 feet of
said North Half of the Northeast Quarter, as measured at a right
angle to the east line of said North Half of the Northeast Quarter;
thence south 01 degrees 52 minutes 14 sedonds East, assumed
bearing, along the westerly line thereof, a distance of 633 .04
feet; thence South 89 degrees 51 minutes 37 se onds East 80 . 05 feet
to the west line of the East 1013 . 00 feet of s id North Half of the
Northeast Quarter, as measured at a right an le to said east line
and a point hereinafter referred to as Point "A" ; thence South 01
degrees 52 minutes 14 seconds East along s id westerly line a
distance of 226.10 feet; thence South 89 de ees 42 minutes 13
seconds West 49 .31 feet; thence South 01 de rees 52 minutes 08
seconds East 363 . 61 feet to the southerly lin of said North Half
of the Northeast Quarter; thence South 89 d grees 42 minutes 13
seconds West along said southerly line 609 . 66 eet; thence North 01
degrees 52 minutes 08 seconds West 594 .7 feet .to a point
hereinafter referred to as Point "B" which be rs North 89 degrees
51 minutes 37 seconds West from the before entioned Point "A" ;
• thence South 89 degrees 51 minutes 37 second East along a line,
hereinafter referred to as line "AB" , for 479 . 01 feet to the
intersection with the westerly line of the east 1193 .00 feet of
said North Half of the Northeast Quarter; the ce North 01 degrees
52 minutes 14 seconds West 633 .29 feet to t northerly line of
said North Half of the Northeast Quarter; the ce South 89 degrees
43 minutes 00 seconds East along said norther]. line a distance of
100 .07 feet to the point of beginning.
The above described parcel contains 10 .0 acres, more or less.
rn� lw J
Number _
FePcid _ %.SCO
D to Filed _Jul/
PLANNING ADMINISTRATIVE FORM
Street Location of Property: 1�1-QZ K•_60 st:4_,.___..-_____N __�
Legal Description of Property: lig!&4.JY* section T_,_aui _R. 20
—
Owner: Name Amer ffaase
Address 7676 cludacn �•rd. , Lake :lmo, ?It. hone: _ _
-------------------
Applicant (if other than owner): Name JAM, Haase – tl_24„ss rt1ia,�Ggtsr—
Address INV xs 60th St. _-- hone: 3 666
Type of Request: _ Rezoning ___ Approval of Preliminary Mai-
.
• _z Special Use Permit ___ Approval of Final Plat
• ___ Variance
•
• Description of Request: _,ggeristioao.auto Dismantlia- Center withf r____,
estIst4pz fenced area. _
•
Signature of Applicant:.
Date of Public Hearing: --
NOTA'Sketch of proposed property and sticture to be ch-a- , on back of this form or at
Cached,•showing the following:
L North direction.
2. Location of proposed structure on Iot
3. Dimensions of front and side set-backs.
4. Dimensions of proposed • •
•
5. Street acmes.
6. Location of adjacent existing buildings.
T. Other information as may be requested.
Approved ___ Denied ___ by the Planning Commission on _ ______ (date)
subject to the following conditions: ____N___
w__N•______ _____ _______ N_aN____N___N.._ •
Approved _L Denied ___ by the Council on ?fir .?29 subject to the
following conditions: Ccmnliance with Sa�town Towt:ah,,,ia_Ordinances So. 166 and
• • tom sad ea_u_rggriate State and County tzmula tiana. –_
Comments: (Use other side) permit to be reviewed for renewal in June, 1980.
T.A0.4\k(j* C34.14CC.001
-L .__ .-.•-. ..---•-- -
RAGE iSiX
4. AOoticalions. C. Janis .ars trot snry ,n
aetosed 3(06010.1 .n 0000.01:100Sa01M 1. Fires.
Reining Gazette, Oct. M. 1111 It no permit !or an automobile graveyaros «n.cn are 3001u+tew
• s 7.1 No rims snail Oe 3lrrnilre0
Oravevaro Snail oe issued ov rise Town
s<reetseo. eevntsi Screening" as vwihin let avtomooile qts
OR OINANCS( NO. la 3°aro Mies and until the warm." user hereunder sna 1 be Seemed t0
rllnit/slnq same snarl first 'Hake n ren a sone fence Of at least rant Ill ekCtOf variants OeigMflp burners. v0
1 awning Of automation or accessories
Ate ORO1NANCIS ORGULATTNG a°MMCallon re the Town 3Oat i aria tees in 40011 s rrousding me
TNI[ PARKING ANO STORING OP swamswamil marewirn an i narmIHan aeaenadiae Oravev and con. snag be oerfniartw.
JUNK VR1/ICLHS roiTHI N and data .herein*.ter Weed led. The structee w.m MK We- M oral inCR
Waal L amnia ucans..
SAYIOWN TOWNSHIP ANO a allitatlon snetl be to writing.stoned nVmar /brat 131 3 osa lameter
RRGULA?I NG rHH 3STA 5L4SP. by the as IICanf and snail include rhe a an eouniatenn or lesser ;rade of
MEN?. MAINTRNANC5 ANO tallesrin0: tuner or oilier fent not maferiei. LI On or Mehr! Jae dl'sar, IOth or
)
OPQRATTON OF AUTOMOo1LE S.The aeoaicant sn creed*a so. rite ear for'n..nq Me flRt six i*eery
ORAVRYAROS wtTHIN THE a. Name. residence address, ane called"lunar Zone' Of no/len Man . mean a and that a owlet. Has Ise
TOWNSHIP leeenene numeer of men individual in fele° ail alis Or1h a the
neatly(301 flet in vs/001 owner ��wail Dir an annual per0tit
Oantrr,partner.or.ii a torooration Of lee,Spial surround De'rmiet r d
TI4 TOWN 30A R 0 OF anew drgamtatlon. tact+ office, and tneaul odour gr art and tnaU OS file sfillafee r0 IM rowAv. 'Howler. sacs
3AYTOWN TOWNSHIP OROAINS df*der. IandWaoed wits rhe dafnbq Of ad. MIAOW�yea ~ � Oelan
AS ROLLOWS: e. Trade names used curing the arooriale grass a or sod and
?rfsii0ef eve Ytare oy w applicant undadarY wmtn she bt mainline!
Roggen 1. OetinlN°ws. ane awn orlon u.gmtye rhe aa. delelelapid ilrileadee
gravity/ores
at
Pk:sli I Mang with the IOcatleq of elle kept >r tis! and/or
otteraNrs of rhe sit duaomeoale rials orelnance snarl oe swivel to
1.1 "'Junk Car' as used in tins or. eta°nsnmen's, oraveyNt in a etstaOs -,imne 'hi
ft a ., iof s ambiance and snail
C. Names and addresses of m►.
Oise rice sewn be seemed to mean aneOralone! ow fe
Ma Iicanse e' previa/it IM
in S
Meyers of Caen 300100 signing fns
nailer venule wflic i IOr a period of A Theticrine Orevieile isnuet'isnatl be DN
a .v seeds" cfrnsfatscua4 January. MM.
aedlltanen awing o.s five
MOW(3111 days or'torr.
tate dfsO/iyep an Me s.
dremast
The maw name and spares at 1. T e ;ravevare.'weenier ran Saaein t. R.vetaltew et License
a. is net in oesteeh COndltldn: nee Issaineas on Naafi be vows a.. Minn kilt 441014111.WWI at al times
• b. IS eartlatly dismantled: plftatafw ii made ane ih1 te/ep11s1. be iwaiMameat in a Sanitary c°naNlea. 11 Peau" toceneW wife all
c. 13 used for sale Ot oar's or as a q. Ne spat! t+0► ed OV Me .ee.oli.wn as leaf srdtnanCC Of with all
i.plleet.it assignee. creed
license sin be used n Me licensee Or any previsions of any special
earnf d 'roast e retlaClmenr i Manama.residency address.and nature im0°ted *1000 the autom0°ile
peril fol amen vMiCle: teigemm. minnow !Ica Oerecn easiness.
4. 111 kept f0• scraeuing. dismal. N.Hinter snail be/flowed to stand gravtoafd or Ise operator 3y Me
11Mq.or salvageel Ito,business oslnOtO to e ernptdyed
of any kind: or in slid as d M! time me t+0 any Megan fh!Or • es in such* arias at sum carnet swat) be cause
!. Is not Or0plrty licensed ?Oraffilieagen is Mae • manner as to afford a place lr Ise Town 30ate to revoke
imereffon within the State of Min. i. Exact address or location at Me for MeaOYits's, ,— 111*permit.
�
nasals. take "were rite Milian' is or is (.WO ;and other v Om do Me
SWIM* itPlMnies.
orallase to be carried on. ons a Orlt+Mles.Ogle!fhal and SWIMS. 10.1 AIN barren.or eenons.ilea or
1.2 'Automobile Graveyard" as Olsten a the actual premises to of shad be kept ata t at not Merl
commotion tiSvialirin9 any the
revisions aid this bedeehiee tend(n connection wine mus
e anions. thaw fear incus.
le moan any site.lot.field or tract of giving distal/Cgs in feet and stowing I.No gating*or other waste liable
of that ordinance t SM/I be
land uoaxi wnsicb two or more junk aetiologies reaps., preeerty tines, to Owe off I tout odor�tr attract vet. w . d a rnisefinean0r. and MOOR
dues meolles are cent ane shall include buildings and uses, coin snail be kept on Ma{orremss:nor Senn iMieef soon be oannisasee
dill►building. structure Or enclosure g.A seswn:tion of Me maierialssnillaray refuse of any Mine be kept an •
be a tine not to exceed =LOCI or
added'intended for use as Dirte ien ally OYfq'
ilditebe used in the orennstts. _
,melsg me lit for net te offense.
ni
at Mwith iellnetyre
edYioss..
ment at such au to e- compect(0igl the licensed bylines l.Gasesin.and oil salader
benlsved M1mi
days tor en offense. EaCe
graveyard. arearare rola made,a Jaen=giving from any scraocud eignws Or WINCles pound ten 1101 day eerie!Mat e
visteeswM
ispermitted Menial after the
dpenaes. snowing file location of at the premises. first dee of Me viar*SIOn tiwannder
1.2'•1141e4or Vehicle"for Me agrees* seer buildings On the business I. Tit, licensee snag permit in.
at its- Ordinance snail nave the premises: ase a Oiafiram or plan mast COIeffnlre• a selarane offense
eaalnq ascribed in Minnesota dstancs and etiglws.flowing an"ane Of mit premed premises Da Iffr .
;tuning dist'nwmbar or reoresantative d a
Stairs Nei.Section 1.1.011.Aden.4. Genre exits. entrances. windows. iheeogsr Of the Town board at any jam►11.SeveraniMh.
LL"feeler Valid* Part" for Mat la.
wells. retpalalte time
• R Slgl .me' information as Me m. No junlade licensed ILt If amt section. suesectlon.
Of this ordinance. "Part or Tapes belle snail fine rb100i01Y- her Rieder or its or ifs
Pinar*Molar Vehle°s"snag inctud* .relfpl-►N effectuate Me pwl/as agM 5 MMM atrtnaga raciive ate 'doled.tea*
e,Oftra r penton of
a. Dart. &CenSter% aneenmen/. or ottleprd mince and toarlhleata fairimage
or s!!is fir are mollis hew
Melte.edeiomeM cemmonie used on delerminatiee at«mems me terms of finer. lar use it the 1 easiness at iou t a yr unga jurisdiction.
N br um
• or incelpieetl°ts with a motor vesiCf.. tis trdfns,Ke have been comdlled .,as are orsdn the age at Caen t ee it di medda seep Saco
aiglMain years winnow the written firtlw shalt be d!lnnW a seeirare.
Sigttan i hiC°nst Re.lired. wile Meant d n a parent guardian at tlalfr'Ct ane iniseee.eent OrevisiOn
• 0
figRaw L Udine Pl.. St/CP 0100. Stealseen Mt els seefi needing snarl net affect Me
LI NO Dersosa, firm or =roar/Menheld availing,for i by any venally d me remaining minions
' mall erect.estaONln or maintain an Mender ar re Town heard
tot a berme
aetNwedil* graveyard within rhe it The*pageant snail oar ro lie ,,,� at me Tawe OearO te► a
funis of . avr TOwin M Teenwil°a license fee of Rive Nun. Wild of ai Mast tive Vane • Sid Sae 111.Rll.Cflye Gate.
limit* at •County, Marwnshla. and OfNtan(1+00.001 at Me time file n. Ewen aceuisiti shall be
W.uat. first o County,
a Miopi dllgtaten is Mod. reolydee in a semi Lyes register 125 This ardinancf snail be in hill
wawa111ereur from rhe Town board.or its knife.a. Reevi►Nnanas. kalnsn a d r meagerness giving a.l°alae ONO horn and .aits
sellfrtZs0 representative. M*IMnaandreidlnC! at as 7aeMnlNw alserdfeq to law.
Perm from wiser Me ' •tion was
Li The autemoeile graveyard shall nate,, a teser;mian Me juinEtnedlO and ordained in1O an or.
2.2A(wilt dealer who operates more co
n w Me f dinning acquired, and the dared me man. nonce His 1111, day Ot Seotemoer.
Man one i unkYard winner the Town. j s.
sllto shall of Medir10 r° have a availa Suer/ data 11 be heli 1171,
leef►ite Revise in affect for CICISavailable ter insoln a by any
yard. a. The aWenavefle graveyard snail �� d rhe Town acute dr a y Ander P. Hansen
=Worm to an aaoliCaOle orovisidns of members reerelet ria' fora period
laCllen 3. 1-oration of JYSIt Cars. OW Town Zoning Ordinance. at at'east live Years. Adders P. Hainan. Chairman
0. The site shall be well drained. 0. Ne junkyard snail allowed to
oreierly graded to insure prompt became a Remnant*: snail any Meld:
LI No person. firm or corporation orailsagtdsurface and storm wate's. Cray
111311 locate more Man one funk car an10 a flsft/f!freedom fetes stagnant tunkyaro be worsted is SYCl1 a y t7lsrt°t*f
oldie.at an dutomaoile agna Tanner al el imagine is to Me
graveyard 00011 d water. Wean. Inlone, or wane are of Me Charlene Klee,.Clerk
(or whIth a license has been granted community or any reed close oy.
undierme or•ovisicns of this ordinance. 10/30
O. NI signs d any n tore or son
used in connection wi adromoeile
graveyards snail be sect to Me
awareing of the Town woe shell
use as ItandirlS for ministering
Mis Seethes Me soot standards
• relating to signs in MC Wasnitgton
Cawi a Zoning Or a in effect
vine"me aooncatlon is .
•
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CIINANCIE It IOULATING TN* .
PARKIN'S ANO STORING OP JUNK
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TOWNSHIP AND RROUI.ATING
MK ESTASLISHMENT. ALUM.
TaNifiNC71. ANO OPAINATION OP
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' WITHIN TH1 TOWNSHIP
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TOWNSHIP ONOAINS AS
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LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIE LING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55082
LYLE J. ECKBERG (612) 439-2878
JAMES F. LAMMERS FAX (612) 439-2923
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J.VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
SUSAN D.OLSON June 13 , 1995
MR JOHN H HAASE
13796 60TH STREET NORTH j
OAK PARK HEIGHTS MN 55082
RE: City of Oak Park Heights vs. John Howard Haase
Court File No. C6-95-2691
Dear Mr. Haase :
Enclosed herewith and served upon you ple se find Summons and
Complaint, Certificate of Representation and Parties, Notice of
Motion and Motion for Restraining Order and Afidavit of Michael J.
Robertson in regards to the above-referenced atter.
Yours very truly,
JI
Mark J. Vierling
MJV/smp
Enclosures
cc: Mr. Michael J. Robertson
i .
STATE OF MINNESOTA . IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No. C6-95-2691
City of Oak Park Heights, a Case Type: 10/Other Civil
municipal corporation,
Plaintiff,
vs . AFFIDAVIT OF
M CHAEL J. ROBERTSON
John Howard Haase,
Defendant.
STATE OF MINNESOTA )
ss .
COUNTY OF WASHINGTON)
Michael J. Robertson sworn son upon being first duly s orn on oath,
deposes and states that he is the City Admin' strator for the City
of Oak Park Heights, Washington County, M'nnesota and further
states as follows:
1. That the property of Defendant, ohn Howard Haase, as
referenced within Exhibit "A" annexed to the omplaint provides the
legal description of his real property whichlis located within the
City of Oak Park Heights, the same having been annexed from Baytown
Township to the City of Oak Park Heights .
2 . That your affiant having reviewed he records of the City
of Oak Park Heights has determined that Jo Howard Haase has not
filed any application seeking rezoning of .is property so as to
allow a more expanded commercial or business utilization of his
I
property other than that which is defined w' thin his permit as
previously issued by Baytown Township on J ly 2, 1979, a true and
correct copy of which is annexed to the Co laint .
3 . That to your affiant' s knowledge and information no other
individual has sought permits from the City o Oak Park Heights to
operate or locate upon the property of John ward Haase a new or
used automobile sales business .
4 . That the property owned by John Howa d Haase is currently
zoned "B-2" under the zoning codes of the Cit of Oak Park Heights
which presently does allow the use of said pro erty as open lot for
new or used automobile sales facility or related business use, but
requires a conditional use permit before such a use can be
implemented.
5 . That should the Court enjoin the Defe dant activities
in operating a used automobile sales busines- upon the property
of John Howard Haase, the Defendant will suffe . no injury or damage
insofar as he had nolegal eg 1 right to utilize t ero ert for said
P P Y
purposes either under the permits that were .reviously issued by
Baytown Township as it affects said property . r under the current
zoning code of the City of Oak Park Heights, nsofar as he has as
of yet failed to apply for or receive the nec=ssary,permits .
6 . Also annexed hereto and incorporatled by reference as
Exhibit B is a police report verifying the illegal use of the
property for auto sales.
FURTHER YOUR AFFIANT SAYETH NOT.
<;T
Michael Jjrobertson
Subsc •ed and sw• n to before me
this ,z, da of 4.► , 1995 .
MARK J.VIERUNG
NOTARY PUBLIC-MINNESOTA
TON COUNTY
Notary Publ ' *Com .EmilmsJNL31.2000
111
COD
STATE OF MINNESOTA IN DISTRICT COURT
CIVIL DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Cour File No. C6-95-2691
City of Oak Park Heights, a Case Type: 10/Other Civil
municipal corporation,
Plaintiff,
OTICE OF MOTION AND
vs . OTION FOR TEMPORARY
STRAINING ORDER
John Howard Haase,
Defendant.
TO: JOHN HOWARD HAASE, Defendant above-namld, 13796 North 60th
Street, Oak Park Heights, MN 55082
YOU WILL PLEASE TAKE NOTICE that on the 7 h day of July, 1995,
at 3 : 00 o' clock p.m. , or as soon thereafte as counsel can be
heard, before The Honorable Kenneth J. Maas, J . , Judge of District
Court, at the Washington County Government 'enter, 14900 - 61st_
Street North, Stillwater, Minnesota 55082, Plaintiff moves the
Court for a Temporary Restraining order rest -ining as follows :
1 . For an Order of the Court temporarily enjoining the
Defendant or their agents, employees or persons acting on their
behalf from offering for sale new or use automobiles on a
consignment or other basis from any area of efendant' s property
until such time as Defendants either individu lly or jointly have
applied for and obtained from the City of ak Park Heights the
necessary permits to operate such a business pon the property of
Defendant, John Howard Haase.
2 . For the Order of the Court pr viding pursuant to
Minnesota Statute §574 . 18 that a temporary re training order shall
issue without bond.
3 . For such other and further relief as the Court may deem
just, fair and equitable in the circumstances .
This motion is based upon all the fil s and proceedings
contained herein and the attached Affidav' t of Michael J.
Robertson.
All responsive pleadings shall be serve and mailed to or
filed with the Court Administrator no later than five (5) days
prior to the scheduled hearing. The court may, in its discretion,
disregard any responsive pleadings served or filed with the Court
Administrator less than five (5) days prior to such hearing in
ruling on the motion or matter in question.
Dated this /2.. day of , 1995 .
ECKBERG, 041 ERS, s 'IGGS, WOLFF
& VI e, P. . .P.
Mar . J. Vi=rling
Atto eys :or Petitio - r
1835 No th estern Avenue
Stillwater, MN 55082
(612) 439- -878
Attorney I .D. 112823
III
4!
EXHIBIT A
JOHN HOWARD HAASE - LEGAL DESCR PTION
All that part of the North Half of the ortheast Quarter of
Section 5, Township 29 North, Range 20 West Washington County,
Minnesota, described as follows:
Beginning at the northwest corner of the East 1093 . 00 feet of
said North Half of the Northeast Quarter, as measured at a right
angle to the east line of said North Half of t Northeast Quarter;
thence south 01 degrees 52 minutes 14 seconds East, assumed
bearing, along the westerly line thereof, a distance of 633 . 04
feet; thence South 89 degrees 51 minutes 37 seonds East 80 . 05 feet
to the west line of the East 1013 . 00 feet of s id North Half of the
Northeast Quarter, as measured at a right ang a to said east line
and a point hereinafter referred to as Point 'A" ; thence South 01
degrees 52 minutes 14 seconds East along s id westerly line a
distance of 226.10 feet; thence South 89 de ees 42 minutes 13
seconds West 49 .31 feet; thence South 01 degrees 52 minutes 08
seconds East 363 . 61 feet to the southerly line of said North Half
of the Northeast Quarter; thence South 89 degrees 42 minutes 13
seconds West along said southerly line 609. 66 feet; thence North 01
degrees 52 minutes 08 seconds West 594 .7 feet to a point
hereinafter referred to as Point "B" which be rs North 89 degrees
51 minutes 37 seconds West from the before . ntioned Point "A" ;
thence South 89 degrees 51 minutes 37 secondEast along a line,
hereinafter referred to as line "AB" , for 79 . 01 feet to the
intersection with the westerly line of the a st 1193 . 00 feet of
said North Half of the Northeast Quarter; the ce North 01 degrees
52 minutes 14 seconds West 633 .29 feet to th northerly line of
said North Half of the Northeast Quarter; the ce South 89 degrees
43 minutes 00 seconds East along said northerl line a distance of
100 . 07 feet to the point of beginning.
The above described parcel contains 10 . 0 acres, more or less .
•
EXHIBIT A
JOHN HOWARD HAASE - LEGAL DESCRIPTION
All that part of the North Half of the Northeast Quarter of
Section 5, Township 29 North, Range 20 West Washington County,
Minnesota, described as follows :
Beginning at the northwest corner of the East 1093 . 00 feet of
said North Half of the Northeast Quarter, as measured at a right
angle to the east line of said North Half of t e Northeast Quarter;
thence south 01 degrees 52 minutes 14 seconds East, assumed
bearing, along the westerly line thereof, a distance of 633 . 04
feet; thence South 89 degrees 51 minutes 37 se onds East 80 . 05 feet
to the west line of the East 1013 . 00 feet of s id North Half of the
Northeast Quarter, as measured at a right ang a to said east line
and a point hereinafter referred to as Point , A" ; thence South 01
degrees 52 minutes 14 seconds East along said westerly line a
distance of 226.10 feet; thence South 89 de! ees 42 minutes 13
seconds West 49 .31 feet; thence South 01 de! ees 52 minutes 08
seconds East 363 .61 feet to the southerly lin of said North Half
of the Northeast Quarter; thence South 89 d=•Tees 42 minutes 13
seconds West along said southerly line 609. 66 feet; thence North 01
degrees 52 minutes 08 seconds West 594 .7 feet to a point
hereinafter referred to as Point "B" which be. rs North 89 degrees
51 minutes 37 seconds West from the before ientioned Point "A" ;
thence South 89 degrees 51 minutes 37 secon• - East along a line,
hereinafter referred to as line "AB" , for , 79 . 01 feet to the
intersection with the westerly line of the e-st 1193 . 00 feet of
said North Half of the Northeast Quarter; the ce North 01 degrees
52 minutes 14 seconds West 633 .29 feet to th- northerly line of
said North Half of the Northeast Quarter; the ce South 89 degrees
43 minutes 00 seconds East along said northerl line a distance of
100 . 07 feet to the point of beginning.
The above described parcel contains 10.0 acres, more or less .
•
EXHIBIT B
MAY 24 '95 11:27 OAK PARK HEIGHTS P.2/6
to I Y Ur OAK PARK HEIGHTS Page # of
FOR ALL CRIMES,ATTEMPTS,INVESTIGATIONS AN INCIDENTS
•
• OPH CASE NO. OOD CASE N0.- • 7 O.R.t.NO COMPLAINT RECO HOW COMO!AINT RECD
DATE T PNONE RADIO CITIZEN LETTER FOL
95001547• • •5'23-95-: ta02: -
OFFENSE OR INCIDENT . SU&IECT LOCATION OF OCCURR
• HASSE PROP TY :. :.• .STILLWATER:AUTO PARTS
• : 13795 60th 2....g..1 .
.._:_:_.._: ..... ....:_..._:....�.... .---:- ----- _._...r._:....._._. :..: s__ i-__,•._ ,:...:. . :. . .. -..-_.__.............•::; :_ .';•••:..•..•.. . .,::.
. INCIDENT/OCCURRENCE OFFICERS ASSIGNED DETECTIVES ASSIGN REPORT MADE'
DATE TIME DATE TIME
• J-23-95 .100! J0BG NSO ANDE2SON: .. 24- .
. .. ....._..._.:<.:::•-�<:,.�.._..._...__.._..._._.......,.._.�.., ....._.._�..._._... . ._._. ... . _...., . . .._.._... . . .`.....__..,....�5� - (7915•_VICTIM(IF FIRM,NAME OF FIRM&NAME OP PROP.). BUSINESS ADDRESS . BUSINESS PHONE
'.HOME ADDRESS .. - HOME PHONE
IF VICTIM IS A PERSON $ RACE • SEX O.O.R.
PERSON REPORTING OFFENSE TO POUCE ' .BUSINESS ADDRESS ' . BUSINESS PHONE
HOME ADDRESS' . i MOMS PHONE '•.•
•
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• SYNOPSIS: -
I WAS REQUESTED TO GO AND SPEAK WITH LEE STEWART ON THE VEHICLE OUT FRONT AND INFORM HIM IF
ANY WERE HIS TO REMOVE THEM, AS I WOULD BE. CHECKING THEM. ANY ICLES THAT WERE OUTSIDE WOULD
BE RECORDED AND INFORMATION PASSED ONTO OUR CITY ATTORNEY. ALL VEHICLES THAT WERE OUT FRONT ON
THIS DATE WERE RECORDED.AND INFO TO BE PASSED ON.
OFFICER ACTIONS: ' .
SON THIS DATE AT 0830hrs., I WENT TO STILLWATEB AUTO PARTS AND RED TO SPEAK WITH LEE STEWART.
A MALE PARTY AT THE FRONT OFFICE AREA STATED LEE WAS NOT IN AND ASKED IF HE COULD HELP ME. ' I
IDed MYSELF AND EXPLAINED TO HIM TEAT I WAS THERE ABOUT THE CARS THAT WERE PARKED OUT FRONT ON
60th ST. I INFORMED HIM IF THEY HAD ANY' CARS OUT THERE, THEY Wel I 'HAVE TO BE MOVED. THIS PARTY
THEN ASKED ME WHY NOTHING IS EVER DONE WITH JOHN'S CARS. I AS a' IF HE MEANT JOHN HASSE AND HE
STATED YES. I EXPLAINED TO HIM THAT. WE WERE WORKING ON 'THE SI m: ION, AND AGAIN IF THEY HAD
ANY CARS OUT FRONT', THAT THEY WOULD HAVE TO RE MOVED. AT THIS km4 , THE EMPLOYEE WHO I ONLY
IDed BY HIS NAME. TAG ON HIS SHIRT, STATED THAT "THIS IS A BUNCH •F BULLSHIT, AND THAT WE ARE
GETTING TO BE A REAL' PAIN 'IN THE ASS". AT THAT TIME HE LEFT THE OFFICE AREA AND WENT TO THE
GARAGE WHERE ANOTHER PARTY WAS WORKING. I THEN WENT DOWN TO 60t ST WHERE THE CABS ARE PARKED
AND STARTED TO RECORD.LICENSE NUMBERS. AND'DESCRIPTIONS OF THEICLES PARKED OUT FRONT. WHILE
I WAS DOING THIS, DENNIS, CAME DOWN IN A CAR WITH ANOTHER PARTY GOT INTO A PICK UP AND WHEN
HE WENT TO LEAVE,' HE SPUN THE TIRES BOTH BACKING UP OUT OF THE SOT, AND AGAIN WHEN HE WENT TO
.HEAD TOWARDS THE MAIN BUILDING. I COLLETED GETTING A LIST OF ' VEHICLES AND TRAINLERS THAT
WERE PARKED AND RAN THEM IN THE COMPUTER. .THE DESRIPTION THAT I HAD WRITTEN DOWN, AND THAT
THAT CAME BACK MATCHED ON THE VEHICLES. SEE ATTATCHED COMPUTER RINTOUT ON THESE VEHICLES.
DISPOSITION:
WENT AND RECORDED ALL VEHICLES THAT WERE PARKED ALONG 60th ST ATTATCHED PRINTOUT OP THESE
TO REPORT. TO BE FORWARDED TO CITY ATTORNEY.
cJJ'G'•...7J .1. •...).e. I
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LIC/O2 KC<. L1'Y/9'.. LIT/PC, •
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.04cw:T i..E.::
22 LACCST;i CAV UE'._LWOOD 55110
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i:PHOl 1 MAY 24 1995 084,4.:44 MAY 24 1995 *S:4.6:45
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LIC/25OFP.Y_ LIY/95. 1.IT/PC.
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LAW OFFICES OF O Q
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIE LING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55082
LYLE J. ECKBERG (612) 439-2878
JAMES F. LAMMERS FAX (612) 439-2923
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J.WEIDNER
SUSAN D. OLSON
June 14, 1995
WASHINGTON COUNTY COURT ADMINISTRATOR
CIVIL COURT DIVISION
WASHINGTON COUNTY GOV'T CENTER
14900 61ST STREET NORTH
STILLWATER MN 55082
RE: City of Oak Park Heights vs. John Howar. Haase
Court File No. C6-95-2691
Dear Administrator:
Enclosed herewith for filing please find Notice of Motion and
Motion for Temporary Restraining Order, Aff 'davit of Michael J.
Robertson together with our Affidavit of Serv' ce in regards to the
above-referenced matter.
Yours very trul ,
'5/
Mark J. Vierlin
MJV/smp
Enclosure
cc : Mr. Michael J. Robertson
's/